November 01, 2018

Dependents

I have been deployed overseas. Can my spouse, who has remained at home, take advantage of the SCRA rights and protections?

A dependent can take advantage of the SCRA protections described in this section, such as protection from eviction, foreclosures, termination of leases and contracts, if the dependent’s own obligations are materially affected by the servicemember’s military service. So, for example, a servicemember and his non-military spouse rent an apartment and the servicemember is deployed overseas. The deployment causes financial hardship and the spouse falls behind in paying rent. The spouse can assert the SCRA right to terminate the lease, or if the landlord files an eviction, the spouse can go to court and seek to stay the eviction.

Dependents of servicemembers are entitled to receive the services provided by military legal assistance attorneys. If you are a dependent of a servicemember and you need advice on whether you can receive the protections of the SCRA, make an appointment to meet with a military legal assistance attorney.