Texas & Alabama State tax

[anup1993]

Hello

I am a full year resident of Texas and have only one W2. My spouse is a full year resident of Alabama. Can I file MFS, as Texas is a community state property?

Do I need to fill form 8958? 

Thanks

[MayaD]

You can file joint federal return but separate AL return. 

Alabama allows you to file Married filing separately MFS if you are filing jointly on your federal return. 

How do I prepare a joint federal return and separate state returns?

You can also choose to file MFS on your federal if you are Texas resident. Taxpayers use Form 8958 to allocate tax amounts between spouses or registered domestic partners (RDPs) with community property rights, who file separate income tax returns.