Have a Tax Question? Ask a Tax Expert
The issue with working remotely is based on the physical location of the work place.
If your husband's employee provides a workplace in WA - that actually means - unemployment taxes are paid to WA and that would be income from WA sources.
.Another issue with your husband residency - and that is not based on where his workplace is located.If your husband actually a CA resident - he may permanently move out of CA and establish a residency elsewhere - but if will actually live in California - he will remain CA resident and all his worldwide income will be taxed for CA
A California resident is any individual who meets any of the following:
A nonresident is any individual who is not a California resident.
A part-year resident is any individual who is a California resident for part of the year and a nonresident for part of the year.
Another issue that you want to file separate tax returns - correct?That is possible - but if you file as MFS - married filing separate - generally that will result higher tax liability.
In order to file as HOH - and seems that is your intention - there is a requirements that you do not live with your spouse any time during last six months of the tax year.
As based on your information - you are living together - so that option is not available.