Do you qualify as someone's dependent if you have lived together and shared living expenses for 180+ days?

Question

My boyfriend and I are both in the military. He recently got change of duty station orders, and he has to relocate. We live in an apartment and signed one lease. The apartment management is saying that he can leave, but I must stay since we are not married and I do not have orders to relocate, or we must pay to break the lease if I leave with him. According to the Service Members' Civil Relief Act, they must let the dependents leave as well without penalty. I spoke with JAG (military lawyer) on this issue, and he said even though we are not married, I qualify as his dependent since we have lived together and shared living expenses for over 180 days. For anyone who knows about law, or the Service Members' Civil Relief Act, is the 180 day thing true? Do I qualify as his dependent? Any links to websites with this info would also be helpful. Thanks!!

Answer 1

By military standards, you don't qualify as a dependent. Try to get a dependent ID if you doubt me.

I'm curious about whether the lease would still be valid if you're both on there and one party leaves.

Edited to add: In the future, please have Legal examine all contracts before you sign them. There is a clause that can be added for this sort of contingency.

Answer 2

Well, I just looked up the legal definition of dependent:

http://family.findlaw.com/marriage/living-together/partner-as-dependent.html

To be a dependent, he has to be paying over 50% of your expenses for an entire year, plus 4 other criteria.

Answer 3

That MAY be true, but the classic definition of dependent at your age (and obviously you are not infirm or you wouldn't be in the military) applies to people unable to care for themselves. Otherwise it typically applies to children.

Answer 4

i may be wrong, but i thought the status of "dependent" meant that you did not earn enough to care for yourself, therefore someone was taking care of you. if you say that you worked and paid half of your expenses, i dont think you are a dependent.... but i could be wrong. your best bet would be to call your local irs and ask if you would be considered a dependent.