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My husband and I separated Dec 2021, (not a legal separation). I retired 8/31/22 and moved to Arizona on 10/7/22 from Texas. Should I file married filing separately?

I never worked in AZ, moved there after my retirement.  He still lives in TX.
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4 Replies
ThomasM125
Expert Alumni

My husband and I separated Dec 2021, (not a legal separation). I retired 8/31/22 and moved to Arizona on 10/7/22 from Texas. Should I file married filing separately?

Since you are legally married, you would have to file as married-separate if you did not want to file jointly with your spouse.

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My husband and I separated Dec 2021, (not a legal separation). I retired 8/31/22 and moved to Arizona on 10/7/22 from Texas. Should I file married filing separately?

If you are married, you generally must file as married.  You can't file as single.  You can file as head of household if you provide care in your home for a qualifying dependent and you have lived apart since before July 1, 2022. If you don't qualify for head of household, then you need to file as married filing separately or married filing jointly.  You can file jointly if you and your spouse both agree, but if not, you need to file as married filing separately.

My husband and I separated Dec 2021, (not a legal separation). I retired 8/31/22 and moved to Arizona on 10/7/22 from Texas. Should I file married filing separately?

Yes, were  separated prior to July 2022, but I lived in TX until 10/6/22. i moved to AZ 10/7/22.

 

I just wondered if filing married, filing separately would be more or less beneficial for me (or him for that matter.).  I did not work in Arizona at all.

My husband and I separated Dec 2021, (not a legal separation). I retired 8/31/22 and moved to Arizona on 10/7/22 from Texas. Should I file married filing separately?


@morenofr66 wrote:

Yes, were  separated prior to July 2022, but I lived in TX until 10/6/22. i moved to AZ 10/7/22.

 

I just wondered if filing married, filing separately would be more or less beneficial for me (or him for that matter.).  I did not work in Arizona at all.


The combinations would need to be tested.

 

When you moved to Arizona on 10/7/22, all your worldwide income paid to you after that date becomes taxable in Arizona.  You didn't work, but did you have social security, or a pension, or withdrawals from a 401k or IRA?  Some of that income may be taxable in Arizona and you may be required to file an Arizona return.

 

In general, a married couple will pay less overall federal tax by filing jointly, although you would want to agree in advance on how to split any payments owed or refund due.  The only way to know for sure is to test both ways.

 

Because you moved to Arizona, your spouse will not want to file a joint state return, because that would subject their income to Arizona state tax after 10/7/22.  Because you moved states, it would be allowable to file jointly at the federal level and separately at the state level, although this is a little tricky to manage in Turbotax.  If you had no taxable income at all after moving to Arizona, then no state return is required from you either, and you just have to decide whether to file your federal returns jointly or separately.  

 

If you did have some taxable income after 10/7/22 then you can either file separately federal and state, or jointly federal and separately state.  (Make sure you indicate you were a part year resident of Arizona and that you moved in-state on 10/7/22, so you aren't taxed by Arizona on any income from before 10/7.)

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