Married living in different states - 2025 joint or separate filing question?
My wife, our daughter, and I currently live in New Jersey. I just accepted a position in Colorado and will be relocating there (renting an apartment) in April. The plan is for my daughter and wife to finish out the school year in New Jersey, then join me in Colorado this summer (before the next school year begins). My wife intends to keep her current job in New Jersey, splitting her time between in-person work there and remote work from Colorado. However, her employer has informed her that if she changes her primary residence to Colorado, she'll need to switch from being a salaried employee to a contract worker. My question: Can we have different primary residences for tax purposes? My wife will be in New Jersey for more than half of 2025, and she wants to remain a salaried employee in that state. I'll obviously be in Colorado for most of the year as a salaried employee there. Is it possible for us to file separately with different primary addresses? New Jersey requires married couples to file the same way they do with federal. I'm not sure about Colorado's requirements.
20 comments


Javier Hernandez
Yes, you can definitely have different primary residences as a married couple, though it does complicate your tax situation. Each spouse can maintain their own domicile in different states if there are legitimate reasons (like employment), which you clearly have. If you choose to file separately, each of you would file a resident return in your respective states. Your wife would file as a New Jersey resident, and you'd file as a Colorado resident. However, filing separately often results in a higher overall tax burden federally, so you should run the numbers both ways. If you file jointly, you'd still need to file partial-year or non-resident returns in both states, allocating income appropriately. Since your wife will be physically working in New Jersey while maintaining residence there, her income would primarily be taxable in New Jersey. Your income would be primarily taxable in Colorado.
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Emma Davis
•This is helpful, but I'm confused about something - if we file jointly for federal, can we still somehow file separately for state? Or would my wife have to file as a non-resident in Colorado even though she's not living there for most of the year?
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Javier Hernandez
•If you file jointly for federal, you must file jointly for both New Jersey and Colorado state returns. You can't file jointly for federal and then separately for states. For your Colorado situation, you would file a joint resident return in Colorado (for you) and include your wife as a non-resident spouse. In New Jersey, you'd file a joint return with your wife as the resident and you as the non-resident spouse. Each state typically has schedules or forms to allocate income between resident and non-resident spouses.
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LunarLegend
I was in this exact situation last year when my partner moved to Washington for work while I stayed in Oregon. I spent hours trying to figure out the tax implications until I discovered https://taxr.ai which seriously saved my sanity. You upload your tax documents and it analyzes your multi-state situation automatically. It identified that we could save almost $1,200 by structuring our filing a certain way that considered both states' rules. The tool also explained exactly how to handle the "primary residence" issue for each of us since we were splitting time between states. It created personalized state filing instructions that addressed our specific situation.
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Malik Jackson
•Does it work for people who are self-employed? My husband and I are in a similar situation with different states, but he's a freelancer and I work remotely. We're totally confused about how to handle state taxes.
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Isabella Oliveira
•That sounds interesting but I'm skeptical. How does it actually compare to just using a regular CPA who knows multi-state situations? And how does it handle states that have different rules about domicile vs. residency?
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LunarLegend
•Yes, it absolutely works for self-employment situations! The system specifically asks about self-employment income and analyzes how to properly allocate it between states based on where the work was physically performed. It handles things like home office deductions across multiple locations too. For your question about CPAs versus the tool, I actually ended up taking the taxr.ai analysis to my accountant, who was impressed and said it saved her at least an hour of research time. It specifically addresses domicile vs. residency distinctions by state, which was crucial for us since Oregon and Washington have completely different tax structures.
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Malik Jackson
Update: I tried taxr.ai after reading about it here and it was exactly what we needed! I just finished our analysis and discovered we can maintain separate primary residences for legitimate work reasons while still filing jointly. The tool laid out exactly what forms we need for each state and identified a reciprocity agreement I never knew about that will save us from double taxation. The residency calculator feature was super helpful since it counted the days I spent in each state and told me exactly when I'd hit the statutory residency threshold. Totally worth checking out if you're dealing with multiple states!
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Ravi Patel
My husband and I went through this nightmare last year when he took a job in Illinois while I stayed in Michigan. We spent WEEKS trying to get through to state tax departments for guidance. After 18 calls to Michigan's tax department with no answer, I found https://claimyr.com and their video demo at https://youtu.be/_kiP6q8DX5c - they got me connected to an actual human at the state tax office in under 20 minutes! The state tax rep confirmed we could maintain separate primary residences for legitimate reasons (like jobs) and explained exactly how to file our returns. Without that conversation, we would have made a costly mistake on our state returns. Definitely recommend if you need to speak with someone at the tax department about your specific situation.
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Freya Andersen
•How does this even work? I thought it was impossible to get through to state tax departments, especially during tax season. Do they just keep calling for you or something?
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Omar Zaki
•This sounds too good to be true. I've been trying to reach my state tax department for THREE MONTHS about a similar residency issue. There's no way any service can get through when the hold times are literally 4+ hours if they even answer at all.
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Ravi Patel
•They use a system that holds your place in line and calls you back when you're about to be connected. I don't know exactly how the technology works, but it saved me from having to sit on hold for hours. I understand the skepticism! I felt the same way. But I was desperate after so many failed attempts. The service doesn't make the hold times shorter - it just handles the waiting for you so you don't have to stay on the phone yourself. Once I got through to the Michigan tax department, they confirmed my specific situation was fine - I could maintain my Michigan residency while my husband was an Illinois resident.
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Omar Zaki
I have to apologize and eat my words. After posting my skeptical comment yesterday, I decided to try Claimyr out of desperation. After THREE MONTHS of trying to reach my state tax office about my residency status question, I got a callback within 45 minutes and spoke to an actual human being! The state tax rep confirmed that my situation (similar to the original poster's) qualified for maintaining separate residencies due to job requirements and temporary living arrangements. They walked me through exactly how to document everything on my returns. I've never been so happy to be wrong about something!
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CosmicCrusader
One thing nobody has mentioned yet is that you need to check if Colorado has a "convenience of employer" rule. Some states (like NY and CT) will tax your income if your job is based there, even if you're working remotely from another state. That could impact your wife's situation if she's working remotely from Colorado for a New Jersey company.
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Natasha Petrova
•Thanks for bringing this up. I hadn't considered the "convenience of employer" rule. Any idea how I'd find out if Colorado has this rule? Would this mean my wife might need to pay taxes to both states on the same income?
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CosmicCrusader
•You can check Colorado's Department of Revenue website or call them directly to confirm their current policy on the "convenience of employer" rule. As of last year, Colorado didn't have this rule, but tax laws change frequently. If Colorado doesn't have the rule, your wife would pay taxes based on where she physically performs the work. For the days she works remotely from Colorado, that income would be taxable in Colorado. For days she works in New Jersey, that income would be taxable in New Jersey. She'd need to track her work days by location carefully.
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Chloe Robinson
Has anyone mentioned the implications for property taxes and homestead exemptions? If you own property in both states, you typically can only claim primary residence benefits in one state. Could affect property tax bills significantly.
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Diego Flores
•Good point! We owned homes in both Texas and Florida and had to be super careful about homestead exemptions. Florida actually audits this pretty aggressively. We got a letter asking for proof of primary residence because they noticed we had utilities and cars registered in both states.
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Tasia Synder
This is such a complex situation! I went through something similar when my spouse and I had jobs in different states. One thing that really helped us was keeping detailed records of everything - days spent in each state, where we voted, which state our driver's licenses were in, etc. The employment situation with your wife potentially switching from salary to contract work is interesting - that could actually impact the tax analysis significantly since contract income is treated differently than W-2 income for state tax purposes. You might want to run the numbers both ways (her staying salaried in NJ vs. becoming a contractor) to see which scenario is more tax-advantageous overall. Also, don't forget about things like voter registration and car registration - these can be factors that states use to determine your "true" domicile if there's ever a question. Make sure whatever you choose is consistent across all your official documents.
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Logan Scott
•This is really solid advice about keeping detailed records! I'm new to dealing with multi-state tax issues and hadn't thought about how voter registration and car registration could impact domicile determination. Quick question - when you mention running the numbers for salary vs. contract work, are there specific tax advantages to one over the other in multi-state situations? I'm wondering if the contract route might actually simplify things since she'd have more control over where the income is sourced, or if it just creates more complications with self-employment taxes on top of the state issues. Also, did you end up needing professional help to sort through all the documentation requirements, or were you able to handle it yourselves with good record-keeping?
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