LANGLEY AIR FORCE BASE, Va. –
A federal law makes military life a little easier for Service members and their families. Military spouses can now keep their "home state" as their state of legal residence for voting and state taxation.
This law makes it simpler for the family when moving because of military orders.
On Nov. 11, 2009, President Barack Obama signed the Military Spouses Residency Relief Act amending the Servicemembers Civil Relief Act. Before this law, SCRA allowed Service members to maintain legal residency, voting rights and state income tax payments within their home state regardless of a government-ordered move out of state; however, military spouses could not maintain the same rights.
With the new law, spouses are granted equal opportunities following a move, to include state income tax claims if the military member and spouse claim the same state of legal residency. For example, an Airman and his wife both grew up in Missouri and claim Missouri as their legal residence. The Airman then gets orders to Virginia. When they arrive in Virginia, the couple can change their residence to Virginia, or they can now both keep their legal residence as Missouri. Both the Airman and his wife will not pay state income taxes on their income, unless the Airman earns non-military income in Virginia in which case only that income is taxable by Virginia.
The Military Spouses Residency Relief Act increases the stability of military life for members and families. States have elaborate (and often confusing) regulations for voting and taxation; therefore, be prepared to educate officials who are unfamiliar with the law.
For assistance with specific questions, meet with a legal assistance attorney at the Langley Law Center.