Question

In which of the following scenarios does the Military Spouses Residency Relief Act apply? Assume all nonmilitary spouses have California-source income and none choose to change their state of residence.

a. Cody is stationed in California but domiciled in Arizona, which is where he met and married Jennifer. Jennifer, who is in California solely to be with Cody, easily finds a job at a local day care.
b. Sally joined the military in Texas and was immediately stationed in California. She met and married Dorian while on vacation in Hawaii. Dorian is domiciled in Hawaii and is in California only to be with Sally.
c. Nick, a Mississippi resident, met and married LeAnn, a California resident, while he was stationed in California. LeAnn remains in the state solely to be with Nick.
d. Emma and Quintin are both domiciled in California. Quintin was stationed in San Diego until June 30, 2019, when he received PCS orders for a base in Connecticut. Emma remained in California to finish graduate school

Answer 1

The Military Spouses Residency Relief Act applies to nonmilitary spouses who live in a state solely due to their spouse's military orders and maintain a domicile in a different state. In scenarios A, B, and C, MSRRA would apply, as the spouses are in California due to military orders and have different domiciles. Scenario D does not fall under MSRRA because the spouse remained in California not due to military orders.

Step-by-step explanation:

The Military Spouses Residency Relief Act (MSRRA) provides certain residency protections for the spouses of military service members. Let's look at the scenarios provided:

• Scenario A: Jennifer is in California solely to be with her military spouse, Cody, who is domiciled in Arizona. Since she is in California because of Cody's military orders, the MSRRA would apply to her situation.
• Scenario B: Dorian moved to California to be with his military spouse, Sally. Dorian's domicile is in Hawaii and Sally joined the military in Texas. MSRRA would apply as Dorian is in California only due to Sally's military orders.
• Scenario C: LeAnn is a California resident and remains to be with her military spouse, Nick, who is domiciled in Mississippi. As LeAnn is living in California only because of Nick's military service, MSRRA would apply to her case.
• Scenario D: Emma and Quintin are both domiciled in California. Quintin's stationing out of state does not change Emma's residence status as she remains for her own education, not due to military orders. MSRRA does not apply here.

In summary, the MSRRA applies when a nonmilitary spouse lives in a state solely due to their spouse's military orders and they maintain their domicile elsewhere.