Do SCRA benefits extend to spouses?

In the tragic event that a service member dies while on active duty, SCRA benefits essentially end, but the Department of Defense (DoD) and the Department of Veterans Affairs (VA) provide many benefits for the surviving spouse and any children.

Can a military member claim residency any state?

The Servicemembers Civil Relief Act allows a military member to retain a state of legal residence or domicile even though military orders have caused them to move to another state. In most cases, when you claim a homestead exemption on your house, you are declaring that you are a legal resident of that state.

How does the military spouse residency act work?

The act provides flexibility for military spouses to choose a no state income tax state as long as they have established legal residency and only moved due to military orders. The military spouse and service member may be able to keep the same resident state regardless of which state they live in.

Can a military spouse live in a different state?

Military spouses must fulfill their state’s residency requirements. That almost always includes having a physical presence in that state. Sometimes a military spouse will live in a different state than the active-duty service member. In these cases, the MSRRA generally does not apply.

How does a military spouse qualify for MSRRA?

The following conditions must be met to qualify under the MSRRA: 1 The service member is stationed under military orders in a state that is not his/her resident state. 2 The spouse is in that state solely to live with the service member. 3 Both the service member and spouse have the same resident state.

What does legal residency mean in the military?

Legal residency, or “domicile,” refers to the place where a military member intends to return to and live after discharge or retirement, and which they consider their permanent home.

What are the residency rules for military spouses?

The military spouse residency rules state that if you’re the spouse of a service member, you don’t lose or get a state of domicile or residence for taxation purposes when you move. This is true only if the you meet these requirements: You go with the service member to a duty station state outside your home state due to military orders.

When did the military spouses residency Relief Act?

In 2009, the Servicemembers’ Civil Relief Act was amended by the Military Spouse Residency Relief Act. It allows military spouses to maintain legal residence in the state where they lived before a permanent change of station move with their active-duty service member.

Can a military spouse move to another state?

The Military Spouses Residency Relief Act (MSRRA) lets you keep the same state of legal residence as your service member spouse. This way, multiple states and tax localities won’t tax you when your spouse moves for military service.