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New Bill Helps Military Spouses Maintain Residency

Thursday, January 7, 2010

As a military spouse, you may experience frequent PCS moves. And although you can train for a portable military spouse career and move your business with you, not everything is as easily transferrable - like your residency. However, change of residency stress due to a PCS move is about to be alleviated.

On November 11, President Obama signed the Military Spouses Relief Act (MSRRA). This bill is an amendment to the 2003 Servicemembers Civil Relief Act. The amendment now allows a military spouse to claim residency in the same state as their spouse and retain that residency as long as their servicemember spouse is in the military.

There are certain requirements that must be met in order to claim residency in a state. For example:

-A spouse can retain the same legal residence as the active-duty servicemember as long as the spouse once shared that legal residency

-If a military spouse has ever been a resident of a tax-free state while married to the servicemember and is only absent from the state due to the servicemember's military duties, the military spouse can now regain that legal residency

-The spouse may only regain the right to claim the same state of legal residence as their military spouse if they had once established such residency

This is an exciting amendment, as servicemembers have had this privilege for over 60 years and now their spouses can enjoy the same benefits too. But, what exactly are the benefits of MSRRA? Military spouses:

-May keep residency in a tax-free state, such as Texas, Florida and Washington
-Do not have to change their driver's license, vehicle or voter's registration during a PCS
-Can avoid heavy paperwork associated with a PCS
-Can enjoy stable legal residence
-Will only have to pay taxes to their state of legal residency (since income earned by a spouse will now be treated the same as military income)

For complete details concerning the MSRRA, contact your local legal office and set up an appointment with legal guidance counselor.


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