When most people think about SCRA protections, they focus on the service member. But here's what many families don't realize: several SCRA benefits extend to military spouses and dependents.

Understanding these protections can save your family thousands of dollars and prevent serious financial hardships while your service member is deployed or on active duty.

Which SCRA Benefits Apply to Spouses?

The SCRA provides specific protections for military spouses in several key areas:

1. State Income Tax Protection

Under the Military Spouses Residency Relief Act (MSRRA), which works alongside the SCRA:

  • You can keep your state of legal residence even when moving with your service member to a new duty station
  • You only pay state income tax to your home state, not the state where you're currently stationed
  • Your income earned in the duty station state is exempt from that state's income tax

This is huge for spouses stationed in high-tax states like California or New York while maintaining residency in tax-free states like Texas or Florida.

2. Joint Debt Protections

For debts that are jointly held with your service member spouse:

  • The 6% interest rate cap applies to joint debts incurred before active duty
  • Joint mortgages qualify for foreclosure protection
  • Joint auto loans have repossession protection

Even if your name is on the debt alone but your spouse is the primary borrower, SCRA protections may still apply.

3. Eviction Protection

If you're renting while your service member is on active duty:

  • Landlords cannot evict you without a court order
  • The court must consider whether military service materially affects your ability to pay
  • The court can stay (delay) eviction proceedings for at least 90 days

4. Lease Termination Rights

You can terminate residential and vehicle leases without penalty when your service member:

  • Receives PCS (Permanent Change of Station) orders
  • Receives deployment orders for 90+ days
  • Is entering active duty from civilian life

This applies even if only the service member's name is on the orders—you can still break the lease.

Protections During Deployment

When your spouse deploys, additional protections kick in:

Default Judgment Protection

No one can get a default judgment against your family in court while your service member is deployed. Courts must:

  • Appoint an attorney to represent the service member's interests
  • Stay proceedings if military service affects the case
  • Reopen any default judgment entered during service (up to 90 days after service ends)

Insurance Protections

Life insurance policies cannot:

  • Be terminated for nonpayment during military service
  • Charge extra premiums due to military service
  • Exclude coverage for military-related events

How to Claim Spouse SCRA Benefits

To access these protections, you'll typically need:

  1. Proof of marriage (marriage certificate)
  2. Service member's military orders showing active duty status
  3. Proof of joint obligation (for debt-related protections)
  4. Written request to the creditor, landlord, or other party

Common Mistakes Spouses Make

Don't fall into these traps:

  • Assuming you don't qualify because your name isn't on the orders
  • Waiting too long to assert your rights (some protections have time limits)
  • Not getting everything in writing when dealing with creditors or landlords
  • Forgetting about state residency benefits when filing taxes

The Bottom Line

SCRA benefits aren't just for service members—they're designed to protect military families. If your spouse is on active duty, you likely qualify for protections that can save your family thousands of dollars.

Don't leave these benefits unclaimed. The law is on your side.