Divorce is challenging, and it becomes more complex when one spouse serves in the military. Military service can significantly impact alimony or spousal support decisions during a divorce.
Knowing how military factors influence support can help both spouses navigate this difficult time.
Understanding alimony and spousal support
One spouse often pays alimony, also called spousal support, to the other after a divorce. The purpose is to help the lower-earning spouse maintain a standard of living similar to what they had during the marriage. Courts consider factors like each spouse’s income, the length of the marriage, and their financial needs when deciding on alimony.
Military service and income considerations
A military service member’s income includes basic pay and various allowances, such as housing and food. These allowances can make their income seem higher than it appears. When calculating alimony, courts include these allowances as part of the total income. This means the military spouse might pay more in alimony compared to a civilian with the same basic salary.
Deployment and its impact on support
Deployments can affect a service member’s income due to additional pay like hazard pay or combat pay. These extra earnings are often temporary but can increase overall income during deployment. Courts may consider this additional income when determining alimony, which could lead to higher support payments during or after deployment periods.
Benefits and pensions in calculations
Military pensions and retirement benefits are valuable assets in a divorce. The non-military spouse can receive a portion of the service member’s pension, depending on the length of the marriage and other factors. Additionally, benefits like healthcare can also play a role in support considerations. Understanding how these benefits factor into alimony is important for both parties.
Legal protections for service members
The Servicemembers Civil Relief Act (SCRA) offers legal protections for active-duty military members. For instance, a court may postpone divorce proceedings if the service member cannot attend due to deployment. These protections can delay the process of determining alimony and may impact how and when support is decided.
Military service introduces unique factors into alimony and spousal support decisions during a divorce. It’s essential for both spouses to understand how military income, allowances, and benefits affect support calculations to ensure that both parties receive a fair outcome.