Vanessa A
Expert Alumni

State tax filing

No.  If you are a resident, you cannot file as a non-resident in any state just because your spouse is a non-resident.  For some states, the opposite is true, that a non-resident can file as a resident if they are married to a resident. 

Rules for military and their spouses are different than the rest of the population. 

 

If you are a resident and your spouse is a non-resident, you can file separately for state with you being a resident and jointly or separately for federal.

 

 

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