My husband and I got married in January 2023. We live in different states and have even after the marriage. We do not have any joint accounts on anything. Is it better to file joint or separate given this odd circumstance?
Hello ELR_2023
Assuming you don't hve dependents, f you both lived separately in 2 different states, you have the option to file married filing jointly for federal and married filing separately for the states, You will be able to see the what if scenario on Turbo Tax desktop version to find out which option gives you the most benefit.
Married filing jointly gives the best result tax wise, but there are situations where you might benefit from Married filing separately. It really depends on the income and tax bracket. This is where the what if scenario on the Turbo tax desktop version comes into play.
Thank you
Hello ELR_2023,
Thank you for your question. I am happy to assist you.
Congratulations on your marriage!
You and your spouse can file a joint federal return. The address you choose to use on the federal return should belong to one of you who prefers to receive any mail from the IRS.
As for the state filing, every state is different. It depends on which state you live in. Some states allow you to file a joint return with your nonresident spouse, and in others you cannot do so. In addition, in some states may prefer a separate return for each spouse for state purposes.
Since both of you work and reside in different states, it can be in your best interest to file separate returns so you do not include your non-resident spouse’s income on your state return because both states may try to tax the same income.
I have attached an article that includes steps on how to file separate returns on TurboTax. It is best to use the TurboTax Desktop product because you will need to pay for one TurboTax product, but you can file up to five (5) returns.
Please let me know if this answers your questions, or if I can be of further assistance.
Thank you!
Shirleyh88
Thank you for the insight. I live in Arizona and he lives in New Mexico. We got married in New Mexico.
Hi ELR_2023,
Thank you for providing both of your respective states.
Arizona:
It looks like AZ will allow you to file married filing joint (MFJ) for your federal return and married filing separate (MFS) on the state return. However, since AZ is a community property state, filing a separate return requires you to reflect one-half of the community income from all sources in addition to any separate income.
Below is a link from the AZ Department of Revenue that provides information on Married Filing Separate Return:
New Mexico:
However, for NM, if married taxpayers file separate federal returns, they must file separate returns for their NM state returns as well. Please refer to the link below:
Due to the different rules for both AZ and NM, it would be in your best interest to file married filing separately for both federal and state in this case. Please refer to the article below for filing MFS in AZ. Please keep in mind that the personal exemption amounts, and standard deduction amounts in this article were for 2017 so they are no longer applicable in 2023.
Please let me know if this answers your questions, or if I can be of further assistance.
Thank you!
Shirleyh88
I am in a similar situation. We moved to Florida 2 years ago and I am a Florida resident, my employer has my Florida address but my wife is an Illinois resident and her employer uses the Illinois address. She has to file an Illinois return while I do not. What’s most applicable to our situation? Thank you.
In the situation you described, you could choose to file a joint Federal return and your spouse could file a separate Illinois return.
According to the Illinois Department of Revenue:
If you file a joint federal return and one spouse is a full-year Illinois resident while the other is a part-year resident or a nonresident (e.g., military personnel), you may choose to file "married filing separately." Do not recalculate any items on your federal return.
Instead, you must divide each item of income and deduction shown on your joint federal return between your separate Illinois returns following the Allocation Worksheet in the Form IL-1040 Instructions.
Each state has its own rules regarding this topic. For example, Arizona allows couples to file separately even if they filed a joint federal return, whereas Colorado does not. California doesn't allow it either, with the exception of active-duty military and certain nonresidents.
You can use TurboTax Online to file separate state returns, but we recommend you use the TurboTax Desktop software version to do this because you'll only need to pay for one TurboTax product (you can file up to five returns).
See this help article for more information.
How about West Virginia and Virginia?
My wife recently bought a home in Virginia to be closer to work. She will be a resident of Virginia but I will remain living in West Virginia as a WV resident. We both work in Virginia.
You will be able to file a married filing joint return for federal purposes. But depending upon your situation based upon the following information, it does appear you would need to file as married filing separately in West Virginia and your spouse would file married filing separately within Virginia.
West Virginia and Virginia are reciprocal states. This means the wages earned in the state you work in are treated as if they are earned within your state of residence. For you, since you reside in West Virginia but work in Virginia, assuming your employer has the W-220 exemption form on file, you will only be required to file a West Virginia state tax return.
As for your spouse, it sounds like she has established her domicile in Virginia by purchasing a home. If her intent is always to return to the home in Virginia, then she would be considered to be a domiciliary resident of Virginia. However, she would be considered an actual resident of Virginia if she was within the state for more than 183 days during the taxable year. Please see this link for more details.
Virginia will not allow you to file a married filing joint return since you would be considered a nonresident while your spouse would potentially be considered a resident. The only way you could file joinly in Virginia is if you both elect to be treated as Virginia residents.
West Virginia will treat you as a resident if you maintained a physical presence for more than 183 days of the taxable year. If one spouse changes their state of residency during the year, you will not be able to file a joint return within West Virginia. You will need to file as married filing separately for West Virginia. Please see this link for more details.
Do you have a specific question? If so, please provide more details so we can assist you.
In regards to the states mentioned, Tennessee does not impose individual income taxes and therefore, you may not need to file anything once you are both married in that state once you are married (and assuming you both live there). Please see which states don't have income tax for more details.
As for North Carolina, please see this link for the 2023 filing requirements. The amounts may differ slightly for 2024. Depending upon your specific circumstances, if one of you move out of North Carolina during the year, that person will need to file a part-year North Carolina income tax return.
@Ammpochi
Currently we'll still be living separately (him TN, me NC), but atm the plan is he'll come to NC in the future. He also does not work and hasn't due to estate stuff with passed parents.
The link previously provided for North Carolina provides options for filing the North Carolina tax return. You can either choose to file it as married filing jointly or married filing separately assuming your future spouse will not have North Carolina sourced income once you are married. It will depend upon your situation when you eventually get married.
@Ammpochi
Hi- would my husband and I be able to file jointly on our federal taxes and separate for state given these circumstances?
- both living and working in NY for part of the year
- one moves to Hawaii to work, and the other moves to CA to work for part of the year
Yes, you can file a married filing joint federal return.
As far as the state returns, you will need to file several state returns as married filing separately and the filing requirement will depend upon the requirements of each state.
You can still file a joint return for New York as it sounds like you both worked and lived there during the same time period.
For Hawaii, the spouse who lives and works there for part of the year would need to file a state tax return as married filing separately if their Hawaii gross income reaches $3,344 per the instructions on page 4 here.
For California, the spouse living and working within the state will need to file a part-year return if they have income exceeding the applicable amount depending upon the number of dependents. Please see the section titled Filing requirements under this link for more details on the gross income amounts.
Please see this link for guidance on preparing a federal joint return and separate state returns using TurboTax.
My husband just started working and living in RI but I am staying and working in CT. Should we file separately? Not sure the best way to go about this, thank you!
It depends.
If your spouse meets the requirements by Rhode Island of the intent to leave his domicile in Connecticut, and establish a new domicile in Rhode Island, and actually plans to stay there without the intent to return to Connecticut, then you would need to file separate state returns. Please see this link for additional information on Rhode Island's filing status.
As for Connecticut, if you remain there but your spouse does intend to change domicile to another state, then you would be required to file separately per these instructions.
Finally, if your spouse does not change his domicile and the intent is to return to Connecticut, then you may be able to file a joint return for both federal and state, but he will also need to file a nonresident return for Rhode Island. See this link from Connecticut for more details.
Thanks for the information! This is very helpful. How about California and Washington state?
Hi! I'd like to know about our situation. Husband lives and works in AL. I live and work in TN. We commute between homes several times a month. Thank you!
Hello,
I'd like to know about our situation. My husband lives and works in AL and I live and work in TN. We travel between our homes several times a month. Thank you!
Hello Starrcd, and thank you for your question!
You and your spouse can file a married filing joint, or married filing separate federal tax return. It is recommended that the address listed on the federal return is listed as the one that belongs to the person who would prefer to receive any IRS mail. As far as your state tax filings go, Alabama is one of the states that requires taxpayers to file married filing separate, if one spouse is a resident of Alabama, and the other spouse is a resident of another state. Tennessee, on the other hand is among the states with no individual income tax; so, as a Tennessee resident with only Tennessee sourced income, you will not need to file a state return.
Go here for steps on how to handle this situation in TurboTax:
For additional information on filing status' see:
Please feel free to reach backout with any additional questions or concerns you might have!
Have an amazing rest of your day!
Terri Lynn, EA
Hello Starrcd and thank you for your question!
You and your spouse can file a maried filing joint, or married filing separate federal tax return. You will want to use the address of whichever one of you who would prefer to receive any IRS mail or corespondence.
As far as your state tax filings go, Alabama, is one of the states that requires taxpayers to file married filing separate, if one spouse is a resident of Alabama, and the other spouse is a resident of another state.
Tennessee, on the other hand is among the states with no individual income tax, which means that as a Tennessee resident, with only Tennessee sourced income, you will not need to file a state return.
For how to handle this in TurboTax, see:
For more information on Married Filing Joint verses Married Filing Separate see:
Please feel free to reach backout with any additional questions or concerns you might have!
Have an amazing rest of your day!
Terri Lynn, EA
My husband lives and works in Indiana, I live and work in Florida. We jointly own homes in each state. We have 2 dependent children, both over the age of 18 that live permanently in Indiana. We have filed joint federal taxes in the past using the Indiana address. He has filed a married but separate Indiana return for the past 3 years. Is the acceptable to continue? Moving forward how can we do this using Turbo Tax as he has mailed a paper return to Indiana in the past without my Florida income included. Thank you.
Hello!
My husband predominantly works in WA now. I am about evenly split between OH and WA. We have a house in Ohio (that was our primary residence and/or tax home for 6.5 out of the past 8 years) that we rent out 3 rooms in but also maintain space for ourselves. We have an apartment in WA. I am wondering if you have suggestions for us?
Thanks!!