Can a military spouse live in a different state?
Asked by: Reuben Rosenbaum Jr. | Last update: January 21, 2026Score: 5/5 (20 votes)
The Act allows a servicemember's spouse to keep the same domicile. The spouse may, however, choose to become a domiciliary of the new state.
Can a military spouse live separately?
Spouses may establish separate residences and become separated in fact, if not in law. They may draft and sign a separation agreement outlining how property will be used or divided, which person will pay specific debts and how child support and custody issues will be handled.
What is a military spouse entitled to in divorce?
The Uniformed Services Former Spouse Protection Act: Allows state courts to divide disposable military retired pay between the service member and spouse. Allows former spouses to receive a portion of retired pay directly from the government in some circumstances.
Do military spouses have to change their residency?
Maintaining your legal residence under MSRRA
The SCRA allows active-duty military members to maintain their legal residence in the place they consider home. The Military Spouses Residency Relief Act allows military spouses to declare the same state of legal residency as their spouse.
How long do you have to be married to a military spouse to get benefits?
To qualify for direct payment, the USFSPA requires that a former spouse must have been married to the member during at least 10 years of the member's service creditable for retired pay. Under the USFSPA no more than 50 percent of a member's disposable retired pay will be sent as a direct payment.
Properly Setting Up Military Spouses on Payroll: Leveraging the Military Spouse Residency Relief Act
How much do military wives get paid?
There is no military spouse pay or stipend, but the military offers a number of benefits to help service members and their families.
What is the 10-10-10 rule in the military?
In addition, for orders dividing retired pay as property to be enforced under the USFSPA, a member and former spouse must have been married to each other for 10 years or more during which the member performed at least 10 years of military service creditable towards retirement eligibility (the 10/10 rule).
Can military spouses be residents of different states?
The Act allows a servicemember's spouse to keep the same domicile. The spouse may, however, choose to become a domiciliary of the new state.
Do I have to move with my military spouse?
Military spouses must decide whether to stay on the installation with their military community or move closer to loved ones for the duration of the deployment. Staying on installation has advantages, such as continued support from your community, and access to benefits like the commissary and exchange.
Can I live in one state and claim residency in another military?
The Servicemembers Civil Relief Act (SCRA) allows you to retain the same legal residence you had when you entered the service, even if you are stationed in a different state or overseas.
Will I lose my ex-husband's military retirement if I remarry?
But because the division of the military pension is controlled by the court, not the Defense Department, how that is affected depends entirely on the divorce settlement. Under most circumstances, a remarriage will not change how or if an ex-spouse continues to receive a portion of the military pension.
Can my wife get half of my VA disability in a divorce?
No. Under federal law, VA disability benefits are not marital property which courts can divide in a divorce. However, the VA disability payments are not invisible to the court, and do count as income when calculating child support or alimony.
What is the ten ten rule?
The framework is simple: before you make a decision, ask yourself three questions: 10 minutes from now, how will I feel about this decision? 10 months from now, how will I feel about this decision? 10 years from now, how will I feel about this decision?
What are military spouses entitled to in a divorce?
Once a divorce decree is finalized, the Defense Finance and Accounting Service (DFAS) may directly send a portion of the retirement pay to the former spouse if the couple meets the 10/10 Rule—10 years of marriage overlapping with 10 years of military service.
How to determine state of legal residence in the military?
Under the SCRA, servicemembers retain the state they claimed when they entered active duty as their state of legal residence unless they take affirmative steps to change their state of legal residence.
Can a veteran get in trouble for adultery?
While this military-specific offense might seem harmless enough to civilians, the military takes adultery very seriously. Service members convicted of adultery can receive a federal criminal conviction, confinement, and a punitive discharge from the military.
What is the military spouse rule?
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.
Will the military pay to move my spouse after divorce?
It's important to also understand how divorce will impact things like housing, healthcare, and spousal or child support. Will the military move your spouse after a divorce or will you have to pay for the costs? 99% of the time the military will move your spouse so you do not have to incur any of those costs.
Can I get BAH if my spouse doesn't live with me?
Under most circumstances, you receive BAH for the location where you are assigned, not where you live. Additionally, you may be entitled to some BAH amounts if you are residing separately from your dependents.
What states have military spouse leave?
- Connecticut (will not be effective for benefits until January 2022)
- Massachusetts.
- New York.
- Washington.
- California (military expansion effective January 1, 2021)
What is the military spouse relocation act?
This Act allows a servicemember's spouse to keep a legal residence throughout the marriage, even if the spouse accompanies the servicemember to California on military orders. This Act also provides an income tax exemption for the servicemember's spouse.
What is the military clause for spouses?
The spouse of a servicemember shall neither lose nor acquire a resident or domicile for the purpose of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United State solely to be with the servicemember in compliance with ...
Does my ex-wife get half my military retirement?
Uniformed Services Former Spouse Protection Act
This law does not automatically give former spouses a portion of the member's retired pay. Rather, the law permits individual states to treat military disposable retired pay as marital property, subject to division, in divorce actions.
What is the 305 day rule for the military?
Military Serving Outside of the U.S. for 305 Days or More
The service member's spouse may also file as a nonresident if the spouse accompanies the service member outside of the country for at least 305 days of the tax year while they are stationed there on active military duty.
What is the rule 77 in the army?
The Court may caution the accused as to the irrelevance of his defence, but shall not, unless in special cases, stop his defence solely on ground of such irrelevance.