investigations | January 20, 2026

What qualifies you as separated?

Separation means that you are living apart from your spouse, but you’re still legally married until you get a judgment of divorce from a court (even if you already have a judgment of separation).

Can you be separated but still live in the same house?

In-house separation can serve as a trial separation. When a couple decides that they want to live as if they were separated, they will continue to live in the house together.

What does it mean to be separated? Separation means that you are living apart from your spouse, but you’re still legally married until you get a judgment of divorce from a court (even if you already have a judgment of separation).

Can a couple legally separate in a state that does not recognize it?

In states that do not legally recognize it, the couple is continued to be treated as a married couple, even if they are physically separate. There may be several requirements before a spouse or both spouses can request a legal separation.

When does a state consider you a full year resident?

A state with a 183-day residency rule, for example, will consider you a full-year resident for tax purposes if you spent more than half the year there. Suppose your domicile is in California, but …

What are the requirements for a legal separation?

There may be several requirements before a spouse or both spouses can request a legal separation. These laws vary dramatically across states. Generally, spouses must meet specific residency requirements to qualify for a legal separation, which may require that one spouse lived in the state and the county for a certain amount of time.

Can a person live in more than one state?

An individual may reside in multiple states, but can have only one domicile – that taxpayer’s fixed, permanent home. Individuals domiciled in a state are automatically considered state residents for tax purposes, which in most cases means the state is entitled to tax that individual’s worldwide income.