Alaska Residency, does spouse have to switch too?

[Rally]

I couldn't get a straight answer at MP. Do any of the experts know if I give up my current FL residency, how will it affect my wife's FL residency? i.e. Does she have to become an AK resident as well? From a political perspective, I'd like to stay a FL voter, but I'd much rather become an AK hunter/fisher. We'll most likely pull the trigger anyways, we just want to make sure we know all of the consequences first. Thanks for the help.

[Tank]

Giving up on Florida State University for the University of Alaska-Fairbanks? TRAITOR!!!!

[hispeed7721]

I wish I could recall what document I saw it on...but I am 99% certain that dependents can keep former residencies when you PCS. You may have to make yours/hers official home of record FL (if it isn't already), but I don't think she will required to change.

I'll look through all the random notes/papers I have in the PCS folder and see if I can locate it

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[Bode]

No she doesn't but don't try to claim the PFD without doing that.

[BB Stacker]

No she doesn't but don't try to claim the PFD without doing that.

Bingo. Generally speaking dependents don't have to change but as far as AK specific stuff, good luck claiming PFD without being a resident.

And you'll want to claim PFD.

[sputnik]

Pretty sure she doesn't have to. Just curious what the benefits of Florida residency vs. Alaska would be--what are you/she concerned about giving up? Alaska....pretty nice state benefits.

[Snooter]

Dude, what's the problem, tell her she may as we'll go ahead and switch it because she's going to love it after her first year and wonder why she didn't switch. Took my wife all of three months. We're going back this summer for our 72hr requirement, and to get in some fishing.

[The Texan]

Rally,

Disclaimer: My info is dated 10yrs, but at Eielson from '02-'05, I just showed my military ID and got caribou tags free. Fishing license was also given to me at resident's rate. Kept TX residency throughout. Also, to my knowledge, the PFD didn't take effect immediately after switching residency. There was a year or two grace period, so guys stationed there 3yrs only got the PFD once.

Met my wife up there. She switched residency after we left because back then you had to keep a dwelling of some sort or show intent to return annually. Again, dated info.

[HeloDude]

From a political perspective, I'd like to stay a FL voter...

Regardless of your politics, there's a Senate race this year in Alaska which could be very close and could potentially be the race to flip the Senate...so if you're looking for a vote that matters compared to not, you've found one. The State benefits will always trump which State I want to vote in. Think about it--you automatically receive the benefits of the State you claim, but it's very doubtful that the political vote will come down to your 1 single vote.

[hispeed7721]

Also, to my knowledge, the PFD didn't take effect immediately after switching residency. There was a year or two grace period, so guys stationed there 3yrs only got the PFD once.

Just spoke to a buddy who was recently stationed @ Elmendorf and this still holds true...you must be a resident NLT 1 Jan for it to count for that year. So if you PCS b/w now and Jan 2015, you wouldn't get any PFD until it is paid out for CY 2015.

Edit for correct info

Edited February 22, 2014 by hispeed7721

[rustic313]

You need to go to JAG to get the straight answer. They were pretty smart on residency issues when I was stationed at Elmendorf.

That said...

Alaska is an excellent state for both of you to establish residency in:

- Excellent hunting/fishing, including benefits for residents only like unguided brown bear hunts

- Alaska rural land grant program for vets & residents

- Permanent Fund Dividend every year

- Western Undergrad Exchange member (share in-state tuition rates across the west)

- No state income tax

- Generally low fees for things like car registration

- Outstanding Concealed Weapons Permit reciprocity

- Driver's licenses never expire for AD mil or spouses stationed out of the state

- Competitive Federal Senate elections (for you voters out there)

- Alaska's 529 college savings plan has a tuition-lock option which is nice

That said, the Military Spouse's Residency Relief Act, a federal law, allows spouses to retain their former state of residence for tax and voting purposes. While these are strong determinants of one's domicile, it does NOT allow a spouse to retain their old residency "for all purposes whatsoever" and is not as broad as the Soldier's and Sailor's Civil Relief Act.

She may have issues with driver's licenses if she does not change residency. Alaska law states that all non-residents must get an AK driver's license 90 days after "entry into the state." The AS 28.15.021 (http://codes.lp.findlaw.com/akstatutes/28/28.15./01./28.15.021.) lays out exceptions. There is a specific exemption for AD military:

a member of the armed forces of the United States who has a valid driver's license issued by another jurisdiction when the permanent residence of the member is maintained in that jurisdiction;

There is no such exemption for dependents, and Mil Spouse's Residency Relief Act may not provide protection.

Unless you or your wife have a strong reason to retain FL residency, I would take action to switch EVERYTHING to Alaska ASAP. Make your residency bulletproof: register and title cars there, register to vote, change your LES, get professional certifications transferred, join some civic organizations, etc. The PFD is a great benefit; we continue to go back to visit (and thus retain eligible) and basically get an Alaska vacation paid for. We've done a fly-in brown bear hunt, fishing trip, and winter ski vacation financed mostly by PFD since PCSing out. I'm looking at guard/reserve options to get back. We loved it and want to retire there.

That said, you can qualify for hunting/fishing priveleges if you do not change your residency: http://www.adfg.alaska.gov/index.cfm?adfg=huntlicense.military

1. Per AS 16.05.940(27)(A), a person can qualify by maintaining their domicile in the state for the preceding 12 consecutive months, and not claiming residency or obtaining benefits of residency in another state, territory or country. This type of residency is indefinite and may be permanent if the qualifications continue to be met.
2. Per AS 16.05.940(27)©, a member of the military service or United States Coast Guard and their dependents may purchase a "resident" license after being stationed in Alaska for 12 consecutive months without any intent to make Alaska their domicile, and in spite of their claiming domicile in another state. This type of residency is temporary and expires immediately upon a transfer to another state.

The BL though is to talk to JAG, and be careful to avoid muddying the waters with regard to residency.