Readers ask: How Does Alimony Affect Military Men?

How does alimony work in the military?

Military Status and Spousal Support Awards Federal military laws don’t set guidelines on alimony awards, although a veteran can’t be ordered to pay more than 50% of his or her income toward support. Under the USFSPA, there are limits on a divorcing spouse’s right to the military member’s medical benefits.

How long does military alimony last?

The 20/20/20 rule requires at least twenty years of marriage, at least twenty years of military service, and at least twenty years of overlap of the marriage and the military service.

What is a military wife entitled to in a divorce?

After divorce, the former spouse is entitled to the Continued Health Care Benefit Program (CHCBP), which is the Tricare version of “COBRA” for three years. And as long as the spouse remains unmarried and was also awarded a share of the military retirement or SBP, the former spouse may remain on CHCBP for life.

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Can you get alimony in the military?

Military spouses are just as responsible for spousal support as civilian spouses. The military cannot force a military member to pay spousal support unless there is a court order. The determination for spousal support is based on the basic allowance for housing at the “dependent rate”.

What is the 10 10 10 rule in the military?

In this case, “10/10” refers to the length of time the couple must be married in order for the ex-spouse to be eligible for this, and the service member must serve a minimum of 10 years of military service to be “eligible” under this rule. 10 years of marriage, 10 years of service = 10/10.

Does my ex wife get half my military retirement?

The maximum amount of pension income an ex -spouse can receive is 50% of the military retirement pay. In the situation of active military members, the payments will begin 90 days after the newly retired member becomes entitled to receive their first payment.

Can a military spouse get in trouble for cheating?

Adultery is against the UCMJ (Article 134) and for good reason. If you do not agree to a no adultery clause, you cannot, in the eyes of the military, be a spouse.

Can you keep your military ID after divorce?

Can I keep my military ID and privileges after the divorce is final? An un-remarried former spouse may retain the military ID card if he or she meets the 20/20/20 rule.

Will I lose my ex husband’s military retirement if I remarry?

Unless you remarry another military retiree, all other military benefits stop during the remarriage (TRICARE and ID card-related). If the remarriage ends, ID card-related benefits will return, but TRICARE benefits are lost forever. If you have remarried a military retiree, all of these benefits will continue.

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Can my wife take my military retirement in a divorce?

No, there is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. First, it authorizes (but does not require) State courts to divide military retired pay as a marital asset or as community property in a divorce proceeding.

Can my ex wife get half of my VA disability?

Federal law – specifically, the Uniformed Services Former Spouses’ Protection Act, found at 10 U.S.C. §1408 – exempts VA disability payments from division upon divorce. It is not an asset which can be divided at divorce as marital or community property.

Do you still get Bah after divorce?

If you are getting a divorce, you can still receive BAH in most cases. However, a divorce may impact the amount of BAH you receive, and in some instances, may terminate your BAH altogether.

What is the 20/20 rule for military?

With the 20/20/20 rule, a spouse would qualify for medical benefits and commissary and exchange privileges for the remainder of their life (as long as they remain unmarried) if ALL of the following requirements are met: Married for at least 20 years.

How much is spousal support in the military?

Without a court order or similar administrative judgement, the amount of support shall not exceed 1/3 of the Marine’s gross military pay per month.

What rights does a military spouse have?

The military benefits you’re entitled to as a military spouse include, but aren’t limited to: Installation support services — You have access to child care facilities on the installation and to counseling services, including military legal assistance attorneys who can help you work through divorce proceedings.

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