residency question between 2 states

[TimothyO]

We moved from Florida mid year, but are keeping house in Florida. Moved to Wisconsin for wifes full time job and renting apt. with no plan to buy in Wisconsin. Want to keep florida residency and return and retire in 5 years. Is this doable, even if she is working full time in Wisconsin. I would be splitting time between the two states, varying amounts of time. Any clarification of what is workable, allowable would be appreciated.

[xmasbaby0]

We need more information from you.   You say you will be going back and forth from FL to WI but you do not mention if you will also work in WI.  Your spouse has a full-time job in WI so will have to pay WI income tax for the part of the year since she began working and living in WI.  The fact that you did not/will not purchase a home in WI is not relevant.   You have not mentioned what other sources of income the two of you have-- if any.

[TimothyO]

I will not be working in wisconsin. I generate under 10k from a part time business, only while in Florida. No other sources of income. 

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[TimothyO]

Who would be best to get this question answered, a tax accountant or a lawyer, or both?

[Carl]

Understand that it is perfectly possible for a married couple filing joint to each have different SLR's (State of Legal Residence.) This is not at all uncommon for married couples when each are from a different state. This type of scenario is most prevalent for military personnel, but is not restricted to only the military.

Is this doable, even if she is working full time in Wisconsin.

No, not for your wife. If your wife is staying in WI for the next 4-5 years for a full time job, then your wife is a WI resident any way you look at it. She just doesn't fall under the "snowbird residence" rules for FL and definitely doesn't "not" qualify as a WI resident. FL doesn't tax personal income, so no issue with state taxes in FL. However, for 2019 you will be filing a "part year resident return" for WI so that only the income earned in WI by your wife is taxed by WI.

I would be splitting time between the two states, varying amounts of time

Can you clarify that statement please? I'm curious to see if you may qualify as a full year resident of FL so that even retirement pay you may receive if any, may not be taxable by WI.