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February 4, 2023
Question

Married, but live in different states

  • February 4, 2023
  • 1 reply
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I married my husband in October 2022. We have lived apart in 2 different states all year. He had a liver transplant and lived with his parents in Tennessee while recovering. He does not have income for the whole year and I was not able to support him financially due to what little I made in Georgia.

1 reply

February 4, 2023

If you are married, you can file together even if you did not live together. This is probably a benefit for you. You can use the lower married filing jointly tax rate and higher standard deduction.

 

Or you can file separately with your husband not filing a tax return. It’s possible he can be claimed as a dependent by his parents if he meets the test of a “qualifying relative.”

 

To be a qualifying relative your husband must have lived with his parents all year, not make more than $4,400 and received more than half his support from his parents.

 

If you file jointly, your husband’s parents cannot claim him as a dependent. 

 

You can file jointly or separately in Georgia no matter how you file your federal return. For example, you can file joint federal and separate GA because you husband did not live or earn income in GA.

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