Military spousal support
Active duty members are obligated to provide financial support to their non-military spouse regardless of whether the couple is divorced or just separated. Failure to provide financial support may result in disciplinary action for the military member. Each branch of the military provides different amounts of support.
Army: AR 608-99 provides the calculation and process for non-military spouses to receive financial support. Paragraph 2-6 provides the calculation for each supported family member. Note that BAH II is used not BAH for the calculation.
Air Force: AFI 36-2906 provides the calculation and process for non-military spouse to receive financial support. Paragraph 4.1 provides the calculation for each supported family member. Note that BAH II is used not BAH for the calculation.
Navy: MILPERSMAN 1754-030 provides the calculation and process for non-military spouse to receive financial support. Paragraph 4 provides the calculation for support. See chart below.
Marine Corps: MCO P5800.16C (LEGADMINMAN), Chapter 15 provides the calculation and process for non-military spouse to receive financial support. 15004 provides the calculation for each supported family member. See chart below.
Obligations listed above are enforced by the chain of command of the military member not the court system. However there is nothing to prevent a non-military spouse from receiving spousal support through the military AND through the court system. Unlike the court system military spousal support is not retroactive and likely starts when a non-military spouse asks for it.
Why is this important for the non-military spouse? In most divorces one spouse earns more than the other. Early in a divorce the non-earning spouse must go to the court to get the judge to order temporary relief in the form of alimony and/or child support. In a military divorce a non-military spouse may not need to go to court to get temporary relief. A military member’s chain of command may also require the money to be allotted so it comes directly from DFAS instead of paid by the military spouse.
Why is this important for the military member? Spousal support provided through the military may offset any temporary relief ordered from the court. A military member should therefore employ an attorney familiar with this process to ensure he/she is not paying more that is required.
A military member may also be subject to administratively ordered child support that military spousal support may offset. Sometimes the administrative office may not be aware of this military spousal support meaning the military member spouse is paying more money than he/she should.
Each military divorce is different and may not be covered by the information and charts listed above. Call my office today for a consultation on your military divorce (Florida only).
DISCLAIMER: This information is provided for educational purposes only. Laws, regulations, and rules constantly change and information is valid for the date published only. No legal advice is given. No attorney client relationship has been formed by reading this entry. Each case is different and you should consult with a licensed attorney in your jurisdiction before undergoing any legal proceeding.