Married and living in different states (2024)

FAQs

Can my husband and I file jointly if we live in different states? ›

You can elect to file jointly and both are taxed as residents, or you can use the Filing Status Optimization to file separate returns.

To summarize, married couples have the right to opt for separate residency status. This can lead to large tax savings if carried out in compliance with California residency tax laws.

Married Filing Separately

You can file a separate return even if only one of you had income. Community or separate income. If you live in a community property state and file a separate return, your income may be separate income or community income for income tax purposes.

Bottom Line. The IRS prohibits married couples from claiming two primary residences for tax purposes. The designation of a primary residence, or “main home,” holds significant importance for homeowners due to the array of tax benefits tied to this status.

Whether you need to file together or separately is all related to the marriage license. Even if you are in a situation where you are still technically married but separated and live independently, you may still file a joint tax return if the marriage license is still active.

Generally, the filing status you use at the federal level will be the same filing status at the state level. However, each state has their own rules regarding this topic, where some states allow you to file separately despite your federal return being filed jointly. Check your state's rules to see your options.

Separated but Still Married

Even if the spouses are living apart, they are still considered married. This has important consequences: they aren't legally allowed to marry someone else. if one doesn't have a will, the other spouse automatically inherits from the one without a will.

How does the IRS know if you are married? You tell them by the filing status declared on your tax return. If your married you file either a married filing jointly or married filing separately. They are the only filing statuses available to a married person.

If you're married/registered domestic partner (RDP), you may choose to file separately. Each spouse or partner will prepare a separate tax return and report their individual income and deductions.

An individual may reside in multiple states, but can have only one domicile — that taxpayer's fixed, permanent home. Individuals domiciled in a state are automatically considered state residents for tax purposes. Usually, this means the state is entitled to tax that spouse's worldwide income.

Can a married couple live separately? ›

A couple might live separately for various reasons, which can be financial, personal, or both—but they are increasingly intentional.

But if you live in more than one home, the IRS determines your primary residence by: Where you spend the most time. Your legal address listed for tax returns, with the USPS, on your driver's license and on your voter registration card.

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.

The IRS Form 1040 instructions state: Generally, a married couple can't file a joint return if either spouse is a nonresident alien at any time during the year.

You can be a resident of two states at the same time, usually by maintaining a domicile in one state and spending 183 days or more in another. It is not advisable, as you will be liable to file income taxes in both states, rather than in only one.

Generally speaking, an individual may not file a joint tax return without the consent of his or her marital partner. Although this problem occurs relatively infrequently, it technically constitutes a crime.