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dbalbers
New Member

Filing Jointly or Separately? Unique situation with spouse living with me but residence in other state

Hoping to get some help with my unique situation. Main question: Do I need to file jointly or separately?

Background:
My wife and I got married in June last year. From January to August, we were living together in Oklahoma.  I had been living at this residence for some time and Oklahoma was my established residence during this time, where I was making income. I was also in school from January to May. 
My wife lived with me from January to August, but kept her residence (in terms of her address on her driver's license and her mailing address) as Virginia. She was technically in school in VA during this time, but was virtual so she was taking these classes in Oklahoma. 
During her time living with me in Oklahoma (January to August), she did not make any income, as she was a fulltime student. 
In August, we moved to Texas for work, and we both made income from August to December. 

Dilemma: When trying to File Jointly, TurboTax has instructed me that due to our situation, that we need to do "Married Filing Separately"

Primary questions:
Since my wife lived with me for ~8 month in Oklahoma and did not make any income, can I claim that she lived in Oklahoma (and obviously Texas) in order to file jointly? (Additional note: I don't believe Oklahoma has a 183-day residency rule)
Would there be any issues that arise from her scholarships, student loan interest, etc. (other tax items) that were related to her VA "on-paper" residence if I were to file her as Oklahoma?
Are there any other concerns I should know about filing jointly/separately, since we were married for less than half the year in 2023?

Any help on this would be very much appreciated!

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1 Reply
Hal_Al
Level 15

Filing Jointly or Separately? Unique situation with spouse living with me but residence in other state

Q. When trying to File Jointly, TurboTax (TT) has instructed me that due to our situation, that we need to do "Married Filing Separately (MFS)"?

A. No, TT will not tell you to file your Federal return as MFS.  You can and should file your federal return as Married Filing Jointly (MFJ).

 

Maybe the  VA or OK  program is telling you to file MFS for that state.  And that would be okay.

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