Im a non working military spouse, we are stationed in California. My husband claims Montana as his state of residency, do I claim there even though ive never lived there?

[DawnC · Accepted solution]

You can if you choose to.  Active duty service members have always been able to keep one state as their state of legal residency (usually their Home of Record) for tax purposes even when they move frequently on military orders. A state of legal residence (SLR) is also considered their “domicile” or “resident” state. For more information, see Filing State Income Taxes When You're in the Military.

Nonmilitary spouses can use their military spouse's resident state when filing their taxes. The Military Spouse Residency Relief Act (MSRRA) allows a nonmilitary spouse of a service member to keep the same resident state of the military spouse regardless of which state they live in. The Veterans Benefits and Transition Act allows that choice to be made regardless of when they were married.

To see an example - see the full article on Military Spouses and State Taxes

Related Information:

• What is my military state of residence?
• Military Filing Information on State Websites

When MSRRA is no longer applicable

Example: Joe and Mary and which state to file