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New Member
posted Feb 24, 2021 6:13:51 PM

Does the military spouses residency relief act still apply if the military spouse is filing separately?

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1 Replies
Expert Alumni
Feb 24, 2021 7:51:41 PM

Yes, It applies to Married filing Separate returns and Married filing Jointly returns, but not to Single or Head of Household statuses.  MSRRA rules are no longer applicable if:

  • The service member leaves the service.
  • The couple divorces.  Once you are legally separated or divorced, MSRRA no longer applies.  
  • The service member moves to a new location where the spouse could join them but chooses not to.  If the deployment is to a location where the spouse is not allowed to follow, it does not affect their MSRRA eligibility.
  • The spouse clearly establishes the new state as a state of residence. This includes an action like applying to vote in that state.

Military Filing Information on State Websites