Dual State Residency

[ryr8828]

Has anyone ever been in a situation where their spouse was a resident of one state and they were a resident of another?

Legal entanglements, tax implications?

I've been researching becoming a resident of Florida while my wife would continue to be an IL resident.

[SomeOtherGuy]

Without being an expert on those two states, I'm guessing your wife would have to file IL state income tax returns, on a married filing separately basis. FL has no income tax, right?

Legal issues: if you stay happily married, not much. If someone wants a divorce there would be games-playing about which state to file in and who files first - I can't predict exactly how that would work. Also, if one spouse lives in a community-property state and the other in a separate-property state, I'm not sure how marital property would be divided.

Please post if you find anything really useful or surprising.

[AndyLate]

Military members and their spouses do it all the time. I do not recall any issues, but tax concerns are locality specific.

Andy

[docsherm]

Military members and their spouses do it all the time. I do not recall any issues, but tax concerns are locality specific.

Andy

They changed that a long time ago..... a Spouse keeps their residence of their home state now. When I was at Bragg my wife did not p[ay NC income tax because she kept her TX DL and residency.

[Averageman]

When I joined the Military Arizona had no State Income Tax. I was assigned oversea's and stayed in Germany 9 years.
Well sometime while I was gone Arizona started a State Income Tax, nobody told me. When I got back to the States I tried to telephionically renew my Drivers Licence, the DMV turned me over to the Tax People and of course they wanted my blood.
I asked them to mail me the paperwork and I would see what I coiuld do, they then asked for my address. I said "You don't know where I live?" laughed and hung up the phone on them.
I became a Texan Legally that day, I refuse to pay State Tax while I am not in the United States.
So you're going to have to hire someone in Illinois to do your taxes or end up with a surprise like mine.