1. Married spouses sometimes continue to have community property income when they live apart, if they do not intend to divorce. It seems to me that this situation may be analogous, if you and your partner must live out of the US for a while, i.e., for legal reasons and not due to any intent to permanently separate. 2. For the same reason, the issue of taxation as separate or community may also depend on the specifics of the situation. Bottom line: you need advice on two separate aspects of the same issue: one is a family law issue (community vs. separate property income); the other is a tax issue (IRS rules on how to treat income of domestic partners during a temporary separation). I recommend that you consult with two attorneys, who concentrate their practices in these two areas.Family lawyer first (to advise on the cp vs. sp issue), then tax lawyer (to take that advice and apply it to the applicable IRS rules).
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