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New Member
posted Jun 1, 2019 12:02:34 AM

I am married but my husband and I are living in two separate homes in two different states. Can we still file jointly?

If so, can we input two legal addresses?  How will taxes get applied if we are living in two states?

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9 Replies
Expert Alumni
Jun 1, 2019 12:02:35 AM

There is only one address on your federal tax return. That address is simply a mailing address, and doesn't mean much beyond that. The IRS doesn't care what state you live in, or what state your spouse lives in. If you prefer to file a joint federal return, just pick the address of the one who would prefer to receive any possible mail from the IRS.

Every state is different. In some states, you can file a joint return with your nonresident spouse, and in others you cannot. Moreover, in some states you may prefer to file separately for state purposes.

If you can or want to file separate state returns, it is sometimes easier to do so with an additional username in Turbo Tax. With that username, you prepare a "pretend" separate federal return based on your individual data, and then transmit the separate state return on its own.  

Obviously, that part of the question cannot be addressed specifically without knowing the states in question.

Expert Alumni
Jun 1, 2019 12:02:37 AM

Yes- in case I didn't make it clear- You can always file jointly with your spouse on a federal return.

New Member
Jun 1, 2019 12:02:39 AM

Thanks so much Christina!  I live in Washington DC and my husband lives in Virginia.  Can we file a joint state return?

Expert Alumni
Jun 1, 2019 12:02:41 AM

You're welcome. VA-No. He has to create a "mock" separate return to file VA separately.
<a rel="nofollow" target="_blank" href="http://www.tax.virginia.gov/content/residency-status">http://www.tax.virginia.gov/content/residency-status</a>
Guidance is under the heading "Spouses Filing Different Returns (Mixed Residency)"
I'll get back to you on DC- I promise. Might not be immediately, but I will.

New Member
Jun 1, 2019 12:02:43 AM

Wonderful, thanks again Christina!  Your responses have been so quick, I'm totally fine with waiting for a response on DC.  But since my husband has to file a separate state return for VA anyway, wouldn't that dictate that I file a separate state return regardless of what the rules are for DC?

Expert Alumni
Jun 1, 2019 12:02:45 AM

No, it wouldn't necessary mean that. States aren't usually concerned with what you do on another state return.
You can do either- joint (with you also taxed) or separate- see page 8.
<a rel="nofollow" target="_blank" href="http://otr.cfo.dc.gov/sites/default/files/dc/sites/otr/publication/attachments/2016%20D-40_40EZ%20Booklet_Final.pdf">http://otr.cfo.dc.gov/sites/default/files/dc/sites/otr/publication/attachments/2016%20D-40_40EZ%20Booklet_Final.pdf</a>
You are probably going to want to file separate state returns if you both have income.

Returning Member
May 1, 2020 8:17:34 AM

When filing a state return using the MOCK federal MFS return as the basis, do you know if you should include the MOCK federal schedules and 1040 with that state return or the ACTUAL MFJ federal return 1040 and other required schedules?

 

 

New Member
Jun 1, 2023 7:37:23 AM

Hi Christina,

Can me and my husband file taxes jointly in 2024 if he moves to Florida from August '23 while I'll stay in New York? Thanks in advance for the help!

Level 15
Jun 1, 2023 7:47:32 AM

If you are married you may always file a joint return no matter where each of you  live.  Filing separate state returns may be needed depending on the rules for each state.