Why Everyone’s Talking About SOFAs (And No, Not the Furniture Kind)

Have you recently heard discussions about SOFAs—or maybe even seen images of sofas on fire? Don’t worry, it’s not about living room furniture. There’s a good reason these conversations are making the rounds. Earlier this year, the Defense Department published a memo via MySECO to clarify a long-standing area of confusion for military spouses: Status of Forces Agreements (SOFAs) and their implications for working overseas, or Outside the Continental United States (OCONUS). 

What Is a SOFA? 

A SOFA is a negotiated agreement between the U.S. and a host country that outlines how local laws apply to U.S. military personnel and their families while stationed abroad (Mason, 2009). These agreements create a legal framework that governs everything from criminal jurisdiction to tax responsibilities—but what they don’t do is directly address military spouse employment. 

Although only an estimated 7% of military spouses live OCONUS with their service members (DOD DMDC, 2023a, 2023b), the issues tied to SOFAs and employment are critical for those who do. These spouses often face unique challenges, including loss of support networks, language barriers, and difficulty finding local employment (Blakely et al., 2012) – adding confusion about international policy can make navigating these challenges even more difficult. Understanding what SOFAs actually say—and don’t say—about employment is essential for military spouses, their employers, and the professionals who support them. 

What the DOD Memo Clarifies 

Let’s be clear: the memo does not announce a new policy or any change in existing policy. Its goal is to provide much-needed clarity to help spouses and employers make informed decisions about working overseas (SECO, n.d.). 

One of the most persistent myths is that SOFAs prohibit military spouses from working on the local economy while stationed overseas. Another common misconception is that doing so could result in a loss of dependent status or benefits. Spouses, their employers, and providers helping them navigate OCONUS employment needed clarity on these points of ambiguity. The memo addresses these misconceptions and outlines what military spouses can do regarding work overseas.   

Here’s what the memo makes clear: 

• “International agreements do not specifically prohibit them from working in the country where they are located. 
• They will not lose their status as dependents under those agreements because of local overseas employment.” (SECO, n.d.) 

This clarification is vital. In the past, persistent confusion about SOFA provisions led to some spouses losing job opportunities or being forced out of roles due to employer uncertainty (e.g., Barnhill, 2025). 

What the Memo Doesn’t Cover 

As important as pointing out what it does do, it is equally important to highlight what it doesn’t do. While the memo clears up some misconceptions, it doesn’t address everything. It doesn’t cover:

• Corporate or personal tax obligations
• Personal legal liabilities
• Local work visa requirements

In many cases, spouses and employers will still need to conduct a personal or corporate risk assessment before moving forward with OCONUS employment. 

Supporting Spouses: What You Can Do 

If you’re a provider supporting military spouses, you play a key role in helping them understand both the clarified guidance and the areas that remain murky. Here’s how to assist: 

• When working with military spouses in support of their employment in a specific country, familiarize yourself with that country-specific SOFA here.
• Encourage and assist military spouses in researching local labor and tax laws (free legal assistance is a great place to start).
• Ensure they are aware of any specific work visas they may need to apply for.
• Provide either the spouse or their employer clarity on the SOFA memo if they are exploring moving a position OCONUS.
• Reassure spouses that working locally does not impact their base access or dependent benefits.

By helping military spouses navigate the legal landscape and assess personal risk, you can empower them to make informed employment decisions while stationed overseas. 

References 

Barnhill, J. (2025). Pentagon ruling eases one employment barrier for military spouses overseas. Military.com. https://www.military.com/daily-news/2025/03/31/pentagon-ruling-eases-one-employment-barrier-military-spouses-overseas.html  

Blakely, G., Hennessy, C., Chung, M. C., & Skirton, H. (2012). A systematic review of the impact of foreign postings on accompanying spouses of military personnel. Nursing and Health Sciences, 14, 121-132. https://doi.org/10.1111/j.1442-2018.2011.00659.x  

Mason, R. C. (2009). Status of Forces Agreement (SOFA): What is it, and how has it been utilized? (RL34531). Congressional Research Service. 

Spouse Education and Career Opportunities. (n.d.). Defense Department clarifies impacts of overseas spouse employment. Military OneSource. https://myseco.militaryonesource.mil/portal/article/military-spouse-overseas-employment  

U.S. Department of Defense, Defense Manpower Data Center (September 2023a). Active-Duty Military Family File. Alexandria, VA. 

U.S. Department of Defense, Defense Manpower Data Center (September 2023b). Reserve Components Family File. Alexandria, VA. 

Photo Credit: Yanukit | Adobe Stock 414876311