Commanders may not order military members to initiate allotment actions to satisfy child support or alimony payments. Alimony is determined based on various factors, including income, assets, and the length of the marriage. To collect support or alimony, a court order from a court or child support enforcement agency (CSEA) must be sent. Military spouse divorce entitlements include direct retirement pay if they have been married for over 10 years aligning with their service years.
There are two sets of laws likely to impact a military divorce and alimony: the divorce law of the state where the divorce takes place and the Uniformed Services Former Spouses’ Protection Act (USFSPA). If a court orders you to pay alimony or spousal support, the courts will enforce the support if you fail to make payments. The decision to award alimony depends on various factors, including the length of the marriage.
All divorced military servicemembers are required to fulfill their court-appointed spousal support orders. The Uniformed Services Former Spouses’ Protection Act (USFSPA) limits pension division awards to 50 percent of the service member’s disposable retired pay. The maximum payment that can be paid to a former spouse is 50 percent of the service member’s disposable retired pay.
There is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. A former spouse must have been married to the service member for at least 10 years, and their rank and years of service determine the division of a military pension. However, a court could award a portion of these types of compensation for child support, alimony, or other types of family support.
| Article | Description | Site |
|---|---|---|
| How Much Alimony Does a Military Spouse Get? | The Uniformed Services Former Spouses’ Protection Act (USFSPA) limits pension division awards to 50% of the service member’s disposable retired pay. | khmattorneysatlaw.com |
| LEGAL BRIEF MILITARY ENTITLEMENTS UPON … | Not automatically authorized alimony or child support payments by allotment. … Division of Retirement Pay and Direct Payment: USFSPA does not create an. | creech.af.mil |
| Uniformed Services Former Spouses’ Protection Act | This benefit helps former spouses of retired service members ensure they receive their share of the retired pay, child support or alimony as directed by a court … | militaryonesource.mil |
📹 Divorce in the Military: Can My Spouse Take My Military Retirement or VA Disability Benefits?
Divorce in the Military: Can My Spouse Take My Military Retirement or VA Disability Benefits? You’re in the military and you …
What Is The 10 Year Rule In Military Divorce?
The Uniformed Services Former Spouses Protection Act (USFSPA) stipulates that to qualify for direct payment of military retired pay, a former spouse must have been married to the service member for at least 10 years during their creditable service. Specifically, the "10/10 rule" requires that the marriage lasts 10 years, coinciding with at least 10 years of the service member's military service. Under this law, no more than 50 percent of a member's disposable retired pay can be sent as a direct payment.
Many individuals misunderstand this rule, believing it solely relates to the duration of the marriage. In reality, the 10/10 rule dictates eligibility for direct payments from the Defense Finance and Accounting Service (DFAS). It is critical for non-military spouses navigating military divorce to comprehend this rule since it enables them to receive court-awarded portions of military retirement pay directly from DFAS. Essentially, the 10-Year Rule exists to streamline the administration of retirement pay distributions, rather than to dictate the amount awarded.
Understanding how the 10/10 rule functions is crucial for both parties involved, especially in ensuring equitable division of benefits during divorce proceedings, as it focuses on the intersection of marriage length and military service duration.
Are Military Alimony Orders Fair?
A clear understanding of your rights is crucial for ensuring fair alimony orders in military divorces. Engaging professional advice simplifies the complexities associated with military divorce and alimony, as two main legal frameworks play a role: the state divorce laws and the Uniformed Services Former Spouses Protection Act (USFSPA). The Servicemembers Civil Relief Act (SCRA) provides protections for active-duty members, allowing them to postpone divorce proceedings while they are on active duty or for 60 days thereafter.
Military divorces encompass unique elements affecting alimony, such as the service member’s income, rank, length of service, and the marriage duration. Each military branch has specific guidelines for alimony, emphasizing fair treatment for all spouses. Courts consider the circumstances surrounding military service when determining support obligations, and enforcement of alimony orders can occur across state lines under the Uniform Interstate Family Support Act (UIFSA).
Spousal support determinations are largely at the judge's discretion, without a fixed formula, responding to the specific facts of each case. Orders may include child support, and the division of military pensions generally caps at 50% of disposable retired pay, subject to certain conditions. Ultimately, a military spouse deserves equitable property division and potential alimony, reflecting similar protections as civilian spouses.
What States Do Not Enforce Alimony?
Alimony is a legal obligation enforced across all U. S. states, with varying laws regarding eligibility and duration. It can be durational or permanent, influenced by marriage length and specific circumstances. While no state completely lacks alimony, some states significantly restrict it. Texas is particularly noted for stringent alimony qualifications and limited payment amounts. Other states such as Mississippi, Utah, and North Carolina also exhibit strict enforcement of alimony.
Notably, only Mississippi, Kansas, and Montana are identified as states that do not enforce alimony. Many states prohibit permanent alimony, with only a few—Connecticut, Florida, New Jersey, North Carolina, Oregon, Vermont, and West Virginia—allowing it under specific circumstances. Enforcement of alimony is rarely automatic; the supported spouse must request it, demonstrating actual need and the ex-spouse's ability to pay.
While states like Texas have stringent rules, they will still recognize out-of-state alimony judgments. Overall, while each state's approach to alimony varies, the foundational concept of spousal support is present in all states, albeit with different regulations and enforcement practices.
Is Military Disability Subject To Alimony?
Under Public Law 95-30, a Veteran's disability compensation can be garnished for alimony or child support payments mandated by a court order, but only if the Veteran receives disability compensation instead of an equal amount of military retired pay, in line with a military retired pay waiver. While VA disability payments cannot be divided as marital property in divorce proceedings, they are regarded as income for calculating alimony and child support.
Thus, if a court orders such payments, veterans must comply. However, these benefits are protected under the Uniformed Services Former Spouses' Protection Act (USFSPA) and are not classified as marital property in divorces, ensuring they can't be split between ex-spouses. Benefits can be garnished only after a divorced spouse opts to receive their designated share, and they must file for apportionment to do so. Overall, while VA disability benefits are safeguarded from division in a divorce, they can be factored into income for determining alimony and child support obligations.
Do I Have To Give My Wife Bah Money If We Are Separated?
Without a court order, there is no obligation to provide financial support to an ex-spouse; however, child support is required. If a service member pays bills equivalent to the Basic Allowance for Housing (BAH), it’s advisable to consult Legal Assistance for guidance on calculations and agreements. Written agreements are recommended to avoid disputes. Receiving BAH while giving nothing can be seen as abandonment, leading to severe penalties. Separation affects BAH eligibility and amounts, as BAH may be reduced to the BAH Difference (BAH DIFF), still requiring support equal to the prior BAH rate.
This law mandates support payments and may require spousal support, influenced by BAH or base pay. Military regulations necessitate temporary family support until civilian court rulings are established. Post-divorce, the former spouse loses BAH benefits. While they may not receive direct BAH payments after divorce, they may still have claims on a percentage of a service member’s BAH and income based on legal stipulations.
Spousal support is linked to BAH for the dependent spouse during separation, which means obligations continue until the divorce is finalized and a court determines the exact contributions required from the service member.
How Do Military Divorce Spouse Support And Alimony Work?
Military divorce and alimony are regulated by specific guidelines aimed at upholding the Army's integrity. Key considerations for military spouses include legal protections under the 20/20/20 rule, the Servicemembers Civil Relief Act, and the Uniformed Services Former Spouse Protection Act (USFSPA). Free legal assistance is available through installation legal offices, offering services such as mediation and separate legal representation.
Understanding the nuances of military divorce is crucial, including calculating alimony and accessing benefits like TRICARE and moving costs. Divorced military spouses may retain rights to military retirement pay, health care, and education benefits, subject to certain criteria, such as the 10/10 or 20/20/20 rules.
Divorce laws vary by state and are influenced by the USFSPA, affecting property division, alimony, and child support. Courts may award rehabilitative alimony to help a spouse gain necessary skills for self-support. Service members are mandated to support their children, with spousal support typically governed by state laws.
For alimony, the USFSPA restricts pension division to 50% of the service member's disposable retired pay, depending on marriage duration and the member's rank. To enforce support orders, a court must issue directives to the Defense Finance and Accounting Service. Consent from the military spouse is required to file for divorce.
How Is Alimony Decided In VA?
In Virginia, courts evaluate whether a party is eligible for spousal support by examining factors related to the marriage dissolution. Generally, if one spouse commits adultery, it may prevent them from receiving support. Spousal support, or alimony, is provided when one spouse demonstrates a financial need, while the other has the ability to pay. Obtained through court proceedings, alimony is decided on a case-by-case basis and is not guaranteed by state law.
Courts consider 13 factors listed in Virginia Code Section 20-107. 1, but focus primarily on key issues like the length of marriage, financial requirements, and the standard of living maintained during the union.
Alimony may last for life, based on voluntary agreements or court orders, but various factors influence its duration. It typically favors the lower-earning spouse, enabling them to achieve financial independence post-divorce. Types of alimony vary, and courts may intervene if spouses disagree about its necessity, amount, or payment method. Importantly, a court can find a spouse to be voluntarily unemployed or underemployed, potentially resulting in a higher income calculation for support purposes.
When determining spousal support, a judge does not penalize for marital misconduct, focusing instead on need and ability. Alimony is also deductible for the paying spouse, contributing to the recipient's gross income. Thus, understanding Virginia's spousal support laws is essential for navigating the complexities of divorce and financial assistance entitlements.
Will The Military Pay To Move My Spouse After Divorce?
Divorce within a military context can significantly affect housing, healthcare, and support obligations. Generally, the military will cover moving costs for a non-military spouse after a divorce, especially when moving from an overseas duty station to their home. The military handles these costs 99% of the time, except in cases of in-state moves, where former spouses may be responsible for expenses. Free legal assistance is available for military members through installation legal assistance offices, covering mediation and individual legal support.
However, a pending divorce alone does not entitle a dependent to have the military cover their move; benefits are primarily designed for active-duty members. The military will not pay for relocations due to "personal problems" stemming from a divorce. In the case of an overseas divorce, the military may pay for the non-military spouse's return to the U. S.
Negociations around moving costs can be included in the divorce agreement, and resources like Military OneSource are accessible for personalized moving plans. It's essential for custody, child support, and relocation matters to be considered carefully to avoid disrupting the child's life. Furthermore, ex-spouses typically have up to 30 days to vacate military housing post-divorce, although exceptions may apply.
The 10/10 rule may help determine entitlements related to military retirement pay in divorces. Misunderstandings about automatic entitlements concerning military benefits for ex-spouses persist, but benefits usually do not extend post-divorce unless outlined in an agreement.
Does The Military Make You Pay Alimony?
Spousal support, or alimony, for military members resembles civilian divorce processes, with the higher-earning spouse required to pay support. This obligation is guided by both state divorce laws and the Uniformed Services Former Spouses’ Protection Act (USFSPA). Active duty or retired military members can have their pay garnished for alimony, though disability pay is exempt from property division but subject to garnishment. Each military branch has its distinct guidelines, with the Air Force’s instructions being among the least clear.
A court order must be submitted to the Defense Finance and Accounting Service (DFAS), which enforces support payments without charging a fee for income withholding orders. The 20/20/20 rule determines benefits for divorced non-military spouses, but payment levels can vary based on several factors. Alimony is not automatically required due to military service; rather, it depends on state-specific laws and the service member's financial situation.
Importantly, received alimony must not exceed 60% of a military member’s pay and allowances, with USFSPA capping pension division awards to 50% of disposable retired pay. Remarriage may also terminate eligibility for alimony and certain military benefits.
Can You Claim Alimony Against A Military Member?
The ability to claim and enforce alimony against military members is governed by specific legal frameworks, with continuous legislative developments in military divorce matters. Two primary sets of laws influence these cases, and military legal assistance services are accessible through installation offices, offering mediation, separate legal counsel, and advice on divorce and child issues. It is a common misconception that a military spouse automatically receives a portion of the member's retirement pay upon divorce. Military guidelines stipulate that service members should resolve personal affairs without bringing discredit to the military.
The Uniformed Services Former Spouses' Protection Act (USFSPA) prevents state courts from mandating military retirement solely for the purpose of pension division related to alimony or child support. Alimony determinations are based on state laws, and typical guidelines apply to assess the amount, not exceeding 60% of a military member's pay. The Servicemembers Civil Relief Act offers protections during divorce proceedings and mandates that military commanders not order members to fulfill alimony or child support through allotments.
Ultimately, understanding how military service influences alimony and related obligations is crucial, as military retirement pay and benefits are not considered in determining alimony. Legal consultation is advisable for intricacies surrounding military divorce.
What Are The Complication Of A Military Divorce And Alimony Order?
Military divorces present unique challenges, particularly regarding alimony enforcement. Servicemembers might evade alimony payments due to frequently being outside the jurisdiction of the order. Military divorces are influenced by state divorce laws and the Uniformed Services Former Spouses Protection Act (USFSPA). Filing for divorce overseas complicates matters, as U. S. courts may not recognize such divorces. The non-military spouse retains certain benefits, like identification cards and access to military commissaries, until the divorce is finalized.
Additionally, while military divorces share similarities with civilian divorces, specific financial issues require attention, such as spousal support, which can differ significantly. The military's Judge Advocate General (JAG) Corps does offer legal support, but service members often face complexities in achieving equitable outcomes. Both state and federal laws govern these situations, influencing court jurisdiction and the division of military benefits.
Common complications include meeting residency requirements, addressing asset division, and navigating child custody arrangements. Failure to consider the unique aspects of military divorce can lead to delays and legal troubles. Understanding these complexities aids in making sound decisions for both parties involved, ensuring a fair resolution to the myriad issues presented in military divorces.
📹 Military Pay 2022 How Much Do You Get Paid by Rank?
Military Pay 2022 How Much Do You Get Paid by Rank? A lot of people who are considering joining the military want to know …
22yr Veteran, divorced in NC which is a “no fault” state. Regardless of her adultery and shady acts, the judge gave her 42% of my retirement. Even had to pay child support for son that she lied about being mine. Hind sight is 20/20, protect your sacrifice and finances with a prenuptial or lose it like the rest of us. Most of Ft Leavenworth homicide inmates committed on significant other cheating ect. The system is not equal nor fair, so again protect yourself.
HERE’S THE DoD ON DIVORCE. If you have been married for 10 years or more she is entitled to 1/2 of your pay whether active or retired. This change was made by Congress due to the number of women during the 1980s through the 1990s getting divorced after 5 years. Disability pay from federal courts is pay to the service member for their injuries suffered. The federal courts have said tye spouse is not entitled to that pay in the same as active or retirement pay. DoD regulations on divorce even stated it’s for the service member compensation not the family. I found out about this while being the unit’s Family Advocate NCO. We had 2 JAG lawyers & tge chaplain going through all of this. We found out that of all the branches of service only the army would not provide JAG assistance with a divorce. I’m surprised that this content creator is not aware of all I pointed out. These rules on military and divorce are changes that were made between 1995 & 2005. In 2011 what I stated was still in effect when I retired. The 1984 rule of 5 years was changed for the reasons I said in the latter 1990s. Which means she is using old information, misinformed, or straight up being dishonest.
Having been in the military and going through a nasty divorce, I would encourage any military member to read the ” handbook for attorneys ” I believe it’s on the OPM website. I dealt with attorneys and courts, and the government itself who were ignorent on what qualifies as a court order acceptable for processing. I ended up writing out my own orders ( if you were civil service and guard/reserve, you will need 2 separate orders). Don’t count on the lawyers and courts to know what is needed!!!
5 years is NOT enough time married while serving for a spouse to be entitled to the service member’s retirement pay. USFSPA allows state courts to divide a service member’s retirement income using 10/10 Rule, which means they were married for 10 years and the service member served in the military for 10 years, the Defense Finance and Accounting Service (DFAS) may send a portion of the retirement pay to the former spouse.
Don’t get married, get your pension first and when you do get married get an iron-clad prenup in Texas or Florida. If you have a degree make sure your wife has one or have something to loose. If you want kids have them by surrogacy, pay the lady to have them, make them sing an agreement and there you go. Once that is completed, get a vasectomy, and tel the urologist to make 4 cuts instead of 2.
Ashley, great article and thanks for the info. Do you have any updates to that case you were referring to about CRDP lawsuit? My husband’s ex was awarded a portion of his retirement, but he was medically discharged (MEB) at 20.5 years. DFAS sent her a letter stating all of his retired pay is disability pay so they won’t be paying her. However, he was served papers last week to appear in court because she is trying to get her portion of retirement through the courts. Thanks for any info/references.
Moral of the story….don’t get married! I am a retired field grade officer and disabled veteran. With tours in Vietnam, Iraq and Afghanistan. I was lucky in my divorce. I had vast financial and property assets. My ex-wife had minimum financial means, compared to my pre-marriage vast means. She filed for divorce, which drug out for 3 years. By then, she was happy to settle out of Court. She finally just settled for 10 years of alimony only. I smiled and jumped on that settlement agreement quickly! What my ex-wife and her attorney overlooked or didn’t know. I was able to deduct my annual alimony payment from Federal taxes. And, my ex-wife had to pay Federal and State taxes on the alimony as income. Because we entered into a Settlement Agreement before December 31, 2018.
Military Retired/Retainer pay is not earned until the day the servicemember retires. It does not accrue. See DoD 7000.14r, Vol 7b, Chapter 29, Par 290614 where it states: The designated agent cannot honor awards based on the value of the member’s retired pay that has “accrued” during the marriage because military retired pay does not accrue over time. Military retired pay is not a pension. Rather, it is a statutory entitlement computed at the time the member retires and it is based on the member’s rank and total years of service at the time of retirement, or member’s high-3 and total years of service. The USFSPA is technically not legal, but nobody seems to care.
the spouse cannot a persons va benits but a spouse can recive a precentage of a person retireminent it is called the 1o 10 10 rule but the military not so i was married for 15 years got married in 93 aot divorce in 2008 if she was to collect my retiremeint she whould get 20 pprecent only 50 precent applesis if you were married 10 years and had srved 10 years if a spouse were married 29 years then the soose will get 50 precent as for disability you must file within 1 year after service anything after claim dnied must have the medical evidence in support of your claim now if you were in a nofault sate the spouse gets nothing alsif the spouse wants part of your retirement it puts you in lower income bracket and you clan ask four spouses support another thing is it will put your spouse in a upper income tax bracet and lowers yours
Ex was a former service member and legally entitled to 50 percent of my retirement. I took a special separation bonus and left with a 60K cash out which delayed my disability pay until the bonus was recouped. She never got a dime and by the time I started receiving disability payments. I won and she literally died trying to get my money. I won in spite of her greed and spitefulness. I found the loop hole. I refused to give her half of my retirement or anything else…😂
I have a question. I have a friend that is entitled to her husband military benefits after their divorce. He won’t sign for her to get a military ID so she cannot get on post. He will do nothing to help her sign up for her benefits. She isn’t a rich person to go out and hire all these lawyers to help her. Do you have any suggestions I can give her? She is older and has problems processing all she needs to do.
Hi Ashley! Great job on making this article very easy to understand! My ex spouse had his attorney put into our divorce decree that whenever I retire, he would get 20% of my retirement. Fast forward a couple of years later, I was medically retired at 30% I did opt to take VA payments instead because VA pays more money. My question is, since my ex could never touch my disability retirement in the first place, would he still be able to get a share of my VA? Also, if I qualify for crsc, I will receive both my disability retirement from DOD as well as VA. Does that change anything as far as my ex trying to stake claim?
What if the service member has been married 3 yrs into service, but married 6yrs. The service member was the one paying all the bills, because the spouse refused too. The spouse did work full time and used their money to pay off all their debt, and saved up about six months of living, signed a lease to another apartment while the service member was on deployment to a new apartment and decided to move out. The spouse earns enough to take care of themself. Does the service member still have to provide for the spouse if she technically abandoned the home if her name is still on the lease.
@2:28 is there more details on how the overlaping retirement pay is actually calculated? If service member was in 20 years but married for 5 years middle of the term, is it something simple such as divide you ending retirement pay by 4 to capture 5 of 20 years then divide that portion by 50%? Or it is something in greater details as in between those prior years of service, the member held the rank of …. and during those years he earned a total of …. which equates to …. part of the overall retirement then thats divided by 50%? Just seams extremely difficult to capture time to determine how much retirement was earned many years before they actually retired.
Hi, I was wondering if I am entiteld to any of me ex husbands military retirment because i have not remarried .We were married for 27 years in which he was in the military the entire time. I was told he had to list me as an ex spouse and that I should be entitled to some form of payment because I was not remarried.
Good article. I didn’t retire from the military, but I am 100 percent P and T by the VA which is almost like being retired from the military. I don’t get Tricare, but I get free medical care at the VA. My family gets Champva insurance. My dependents get money for college. I get a check over 4k a month. Not bad for someone who did 6 years in the Army NG with one year deployment to Iraq.
hi am a military retireie I retired with 20 years of us naval service got married after my first 7 years of naval service got divorced in 2008 2 years from date of retirement if my x presused for a portion my retirement she would only had gotten like 10-20 precent of it in which it will put the spouse reciving it into a higher income tax bracket in put you in a lower tax bracket which is great you would qual for section 8 housing and other hand outs also you in turn can request upon while the fileing for divorce regardless of the filer you can request spouses support provided that you are not working or work very few hours an example would be if she requested on the divorce filing paper that she recivies a portion of my military retirement lets say 20 precent or a 100 precent then I would ask for 40 to 90 pecent of her earingins so I gain while she losses as for child support that is another issue in general now in order for a spouse to get a 100 precent of retirement that person must be married since the begining of service and had been ben married for 20 years to that person entry to discharge there is the thing called to 10 10 10 rule you can google it NOW IT IS IMPORTANT THAT IT MUST BE STATED ON THE DIVORCE FILING PAPER THERE IS NOTHING AUTOMATIC ABOUT THIS CAN’T STRESS THIS AND NOT TO CONFUSE THE MATTER YEARS AGO A PEARSON IN THE AIRFORCE NAMEED MCARTY VS MCARTY WHENT THROUGH THE SUPERME COURT OF CA AND THE RULING WAS IN HIS FAVOR THE SUPEREME COURT RULED IN HIS FAVOR STATED THAT MILITARY RETIREMENT IS FOR MILITARY PERSONS HOW EVER CONGRESS OVERTURN THE PRECENDENT IE RULING BUT MCARTY WAS ALREADY PROTECTED WHILE OTHERS WERE NOT.