topic Still Married; Lived apart all year in separate states in Get your taxes done using TurboTax

Still Married; Lived apart all year in separate states

angelv17 — Mon, 23 Feb 2026 10:33:03 GMT

Daughter is still legally married as of 12/31/22; however, they lived apart all of 2022 in separate states (She in PA and Spouse in Louisiana a Community Property State). They each have only one W2 for their taxes.

They filed Married filing Separately in 2021.

IRS Pub 555 has a section on Community Property Laws Disregarded which I believe they meet (not sure what begin & end calendar year #2 is referring to - return filed in 2022 for tax year 2021 or return for 2022 to be filed this calendar year 2023).

Do they still have the option to choose between filing Married/Jointly OR Married/Separately?

If they select Married filing separately, is the Community Income (His W2 domiciled and earned in LA), going to only be reported on his Married filing separate return and not need to be split on form 8958 on both of their returns?

Re: Still Married; Lived apart all year in separate states

Mike9241 — Sun, 22 Jan 2023 00:34:51 GMT

if married on 12/31/2022, and otherwise not disqualified from filing a joint return, they have the option of filing jointly or separately for federal purposes.

since they lived apart all year there are some special rules for reporting

1 You and your spouse didn't file a joint return for 2022.
2. You and/or your spouse had earned income for the calendar year that is community income.
3. You and your spouse haven't transferred, directly or indirectly, any of the earned income in condition (2)
above between yourselves before the end of the year. Don't take into account transfers satisfying child support obligations or transfers of very small amounts or value.

If all these conditions are met, you and your spouse must report your community income as discussed next.
Earned income. Treat earned income that isn't trade or business or partnership income as the income of the
spouse who performed the services to earn the income. Earned income is wages, salaries, professional fees, and other pay for personal services. Earned income doesn't include amounts paid by a corporation that are a distribution of earnings and profits rather than a reasonable allowance for personal services rendered.

* translation each spouse only reports their own W-2 income

Re: Still Married; Lived apart all year in separate states

angelv17 — Tue, 24 Jan 2023 23:16:36 GMT

Thank you for your response. That is pretty much how I was reading it also. Always good to have another set of eyes to confirm or correct.