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phillip7654321
New Member

My fiance lived in a community property state at the start of 2020, she moved out, and then we got married. Do we both need to submit the 8958 when filing separately?

Or is this form not applicable because neither of us lived in a community property state after we were married?
2 Replies
Mike9241
Level 15

My fiance lived in a community property state at the start of 2020, she moved out, and then we got married. Do we both need to submit the 8958 when filing separately?

assuming you were married on 12/31/20 you file either a joint or married filing separate (MFS) federal return.  in general, filing jointly will likely produce a lower tax than using the other status.  form 8958 is only required if you use the MFS status.  it's not clear whether or not you lived in a community property state and were married at the end of 2020.  if you clarify your situation, including which state(s) you lived in,  it would be easier to give you your options for state filing if your states have an income tax. .  

phillip7654321
New Member

My fiance lived in a community property state at the start of 2020, she moved out, and then we got married. Do we both need to submit the 8958 when filing separately?

  1. To start 2020 we were both unmarried and living in separate states.
    1. She was living in WI and working in MN.
    2. I was living and working in IL.
  2. In May 2020, she moves to IL but still works for company in MN.
  3. In July 2020, we get married in IL and are both still living in IL.
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