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The Daily Insight

Can a married couple have residency in two different states?

Author

John Thompson

Published Mar 29, 2026

There’s no restriction on being married and filing jointly with different state residences. As long as you and your spouse are married on the last day of the year, the IRS counts you as married for all 12 months.

Can you work for the state of Illinois and live in another state?

To avoid having residents pay taxes in two states, the two neighboring states will form a reciprocity agreement. These agreements concern income taxes for those who work in one state but live in another. Under reciprocity, residents only pay income taxes to their home state, regardless of where they work.

Does Illinois tax out of state income?

No, you may not subtract your out-of-state income. However, if you are filing as a resident or a part-year resident, you may be allowed to take a credit against Illinois Income Tax for income tax you paid to another state.

Can a married couple live outside of Illinois?

A particular area of caution and concern is where one spouse remains a resident of Illinois while the other spouse establishes residency outside of Illinois. Although it is not uncommon for married persons to reside in different states, the Department will understandably be more vigilant in their examination of such arrangements.

When did my wife move from California to Illinois?

In 2017 October, my wife moved to Illinois for work and started living there and has income from both California and Illinois sources. For filing the state tax returns, should I and my wife file married filing separately for California, and does she only file married filing separately for Illinois?

What happens if your spouse works in different states?

If you or your spouse works in different states than your state of residence, your employer might withhold and pay taxes to the state in which you work. For example, if your spouse works in Kansas but lives in Missouri, his employer might pay taxes to the state of Kansas.

Can a person still be a resident of Illinois?

Therefore, while these persons may believe they are no longer residents of Illinois, they in fact may still be considered residents for Illinois income tax purposes.