Understanding Military Spousal Support

Going through a separation or divorce in a military family brings its own money challenges. This is especially true for spousal support. This guide aims to clearly explain what military spousal support is, how it works, and what laws apply.

What is Military Spousal Support?

Military spousal support is money given to a non-military spouse. It comes after a separation or divorce. It helps the spouse manage financially during and after the divorce process.

Definition and Types

There are two main types of military spousal support:

• Temporary Support: This is short-term financial help during the divorce process.

• Permanent Support: This is long-term financial help that continues until certain conditions are met, like remarriage or death.

Comparison with Civilian Spousal Support

Legal Framework

Military spousal support is governed by different rules than civilian support. It’s influenced by federal laws and military regulations.

Calculation Methods

Calculating military spousal support considers unique military benefits and allowances. This makes it different from civilian support calculations.

Legal Framework for Military Spousal Support

Understanding the laws and regulations that govern military spousal support is key. They are key to navigating the process well.

Governing Laws and Regulations

• Uniformed Services Former Spouses’ Protection Act (USFSPA): This law allows states to consider military retirement pay in divorce settlements.

• State Laws: State laws also play a big role, especially in deciding how much support will be paid and for how long.

Jurisdiction Challenges

Establishing Jurisdiction in Military Divorce

Deciding where to file for divorce is complex. It affects spousal support. It depends on factors like where the service member is stationed. Also, where the spouse lives and where they last lived as a couple.

Impact on Spousal Support Proceedings

Filing in the wrong jurisdiction can significantly affect spousal support. It’s often best to get advice from a lawyer who knows about military divorces.

Determining Eligibility for Military Spousal Support

Eligibility for military spousal support isn’t automatic. It’s based on specific criteria the service member and their spouse must meet. Understanding these criteria is essential for anyone going through a military divorce.

Criteria for Eligibility

To be eligible for military spousal support, several factors are considered:

• Length of Marriage: How long you were married can affect eligibility.

• Military Service Duration: The time the service member spends in the military is also a factor.

These factors are crucial. They determine whether the non-military spouse is eligible for support. They also decide how long.

The 20/20/20 Rule

The 20/20/20 Rule is a guideline that helps determine eligibility for certain benefits:

• Both were married for at least 20 years.

• The service member has at least 20 years of service.

• The marriage and the service overlapped by at least 20 years.

Benefits Under the 20/20/20 Rule

Eligibility under this Rule can provide significant benefits:

• Medical Benefits: Access to military medical benefits.

• Commissary and Exchange Privileges: Ability to use military commissaries and exchanges.

The 20/20/15 Rule

The 20/20/15 Rule is like the 20/20/20 Rule. But, it has a slight difference. The overlap is short. It falls between the marriage and the service member’s military service.

• The marriage lasted at least 20 years.

• The service member has at least 20 years of service.

• The marriage and the service overlapped by at least 15 years.

Differences from the 20/20/20 Rule

The critical difference is in the length of the overlap and the benefits provided:

• Benefits Under the 20/20/15 Rule: Eligibility under this Rule usually includes a shorter duration of medical benefits and does not typically include commissary and exchange privileges.

Calculating Military Spousal Support

Figuring out how much military spousal support one might receive involves several factors. It’s not a simple calculation. It is a process. The process considers the needs and abilities of both parties.

Factors Influencing Support Amount

Several aspects are taken into account when determining the amount of support:

• Service Member’s Pay and Benefits: This includes all income and benefits the service member receives.

• Spouse’s Financial Need: The financial requirement of the non-military spouse is carefully considered.

• Duration of Marriage: Longer marriages might result in higher support payments.

Specific Calculation Guidelines

While there’s no one-size-fits-all formula, some guidelines can help in the calculation:

• Department of Defense Guidelines: These provide a starting point for calculating support.

• Using State Formulae: State laws and formulas might be applied without specific military guidelines.

Calculating eligibility for military spousal support requires careful examination. You must look at various factors and regulations. It’s a process that aims to ensure fairness and support for the non-military spouse. It considers the unique circumstances of military life. This can be done through the 20/20/20 or 20/20/15 rules or specific calculations. The goal is to give both parties a clear and fair outcome.

Challenges in Enforcing Military Spousal Support

Even with a clear court order, collecting military spousal support has its own challenges. Understanding these challenges is crucial. They include the complexity of garnishing military pay. They also deal with an overseas service member. This understanding ensures that we receive support payments on time and in full.

Garnishment of Military Pay

The military can garnish pay for spousal support. But, the process has several steps:

1. Obtaining a Court Order: A legal court order is necessary to start the garnishment process.

2. Submitting the Order to DFAS: The Defense Finance and Accounting Service (DFAS) handles the garnishment of military pay, and the court order must be submitted to them directly.

The garnishment process is strict. Service members must follow specific rules. These rules say how much can be deducted from their pay. This is to ensure that the service member has enough to live on.

Dealing with Non-Payment

If a service member fails to make support payments, we can take several steps:

• Legal Action: It may be necessary to return to court to enforce the support order.

• Contacting Military Superiors: Sometimes, notifying a service member’s commanding officer can help resolve the issue.

Not paying military spousal support is stressful. But, mechanisms exist to fix these issues.

Role of the Defense Finance and Accounting Service (DFAS)

DFAS plays a crucial role in enforcing military spousal support orders:

• Processing Garnishment Orders: DFAS is responsible for processing garnishment orders for military pay.

• Ensuring Compliance: They ensure that the garnishment does not exceed the legal limits and that the service member still has enough for basic living expenses.

Modifying and Terminating Military Spousal Support

Life circumstances change, and with them, the need for or the ability to pay spousal support. Both parties need to understand how and when military spousal support can change or end.

Grounds for Modification

Several situations can lead to the modification of spousal support:

• Changes in Financial Circumstances: Significant changes in either party’s financial situation can warrant a review of the support amount.

• Remarriage or Cohabitation: If the receiving spouse remarries or cohabitates with a new partner, it can lead to a reduction or termination of support.

The Process for Modification

Modifying military spousal support involves:

1. Filing a Motion: A motion must be filed in the court that issued the original support order.

2. Providing Evidence: Evidence of the changed circumstances must be presented to the court.

The process modifies spousal support. It is intended to ensure fairness. It should reflect the current circumstances of both parties.