Can I file a joint New Jersey return if my spouse and I have different residency statuses?

In general, you must use the same filing status on the federal and New Jersey returns. Our software currently does not support changing your filing status on your New Jersey return.

The best way to handle this situation using our software depends on the residency statuses of both spouses.

• If one spouse was a nonresident and the other spouse was either a full- or part-year resident, the resident spouse may create a separate account and file as Married Filing Separately on the New Jersey return.
• If one spouse was a full-year resident and the other spouse was a part-year resident, you may file a joint return as part-year residents and allocate the appropriate amounts to New Jersey for each spouse.

You can also file a joint New Jersey return as full-year residents, but then both spouses would be taxed as full-year residents.

If you and your spouse choose to file as Married Filing Separately due to different residency statuses, you will need to set up two separate FreeTaxUSA accounts and file your state returns separately.