Home of record after marriage - Both active duty

Forum|Forum|6 years ago
March 12, 2020
1 reply
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My daughter is in the Air Force and is stationed in Alaska. Her home of record is in Oregon, and has always filed an Oregon tax form. Here is my question... She is getting married this year to another active duty servicemen. He is stationed in Alaska as well, and his home of record is in New York. After they are married, where will their home of record then be. They would like it to be in Oregon, as that is where they are planning to live after they get out. Any help or insight would be appreciated.

Thank you!

DavidD66

Getting married doesn't change home of record for either one. A military service member's home of record is the place from which they entered the military. It is not necessarily "where they're from." For example, If you are from Maryland, but went to college in Florida and entered the military in Florida, then Florida is your home of record. Home of records don't change unless your information was entered incorrectly, or you leave the military and then rejoin.

For more information, see State of Legal Residence vs. Home of Record

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fiasco64Author

Thank you for your response. Yes I understand what you are saying. My question is though can both have their home of record be in Oregon after they are married? If they keep their home of record separate, then they would have to file both an Oregon and a New York tax return. They are wanting to file jointly.

ThomasM125

By default, the service member from New York would have a New York residence. However, He can change that to Oregon if he has a good reason to do so. I would think being married to someone domiciled in Oregon who intends to move back there after their service is over would qualify, assuming he gives up his home in New York.

It would be necessary for him to do something official however, such as register to vote or get a divers license in Oregon. He would have to complete a DD form 2058, State of Legal Residence Certificate with the military.

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