- Last Active
If you and your spouse claim a different state of residency, sometimes you aren't protected under SCRA. You need to check the language of the law in the state you are PCSing too. Some (most actually) have a 4th prong that requires being domiciled in the same state as the SM. For example, here is the language for MA:(1) The servicemember must have declared “legal residence for purposes of withholding state income taxes frommilitary pay” in a state other than Massachusetts;(2) The servicemember is present in or near Massachusetts in compliance with military orders;(3) The spouse is in Massachusetts solely to be with the servicemember; and(4) The spouse is domiciled in the same state as the servicemember.It goes on to remind you that you must pay the income tax for wherever you both *are* domiciled:The qualifying servicemember’s spouse must pay tax to the state of domicile , to the extent required by the state of domicile.
You can also be listed as a beneficiary on his SGLI without being married (just in case anyone else is contemplating OP's decision). In this argument, it's usually just the BAH that people want to claim, which is pretty gross IMO.