How much alimony does a military wife get?

How Much Alimony Does a Military Wife Get?

Divorce proceedings can be daunting, especially for military couples who face a unique set of challenges that can impact spousal support. If you are a military spouse seeking an answer to this question, you’re in the right place. This article will demystify the process, providing you with a step-by-step guide on how much alimony you may be eligible for and what factors can influence that amount.

Ineligibility of Military Spouse Benefits

Not all service members are automatically entitled to alimony (also referred to as spousal support). Alimony is only paid to dependent spouse _**, which typically means dependents who require financial assistance due to lack of substantial income or economic means independent of the requesting spouse. In the context of divorce, this definition applies only to divorces that occurred before the service member completed their military obligation . For divorces that occurred later, the Service Member is no longer deemed a support-dependent spouse.

For military spouses whose divorces occurred before fulfilling their Military Service Obligation (MSO), a court has the discretion to award maintenance (alimony) up to the longer of (1) two years(2) or (`the duration of the marriages`’.

Important Factors Affecting the Amount of Alimony

Multiple factors may influence the calculation of alimony, including:

• Income gap: Whether there is a significant financial disparity between spouses.

  • Active-duty officers: May require higher salary adjustments due to their responsibilities and benefits packages.

• Net income/Assets: Value of current and future potential income stream, as well as shareable assets like retirement pensions, stocks, or vacation homes.

  • • Military spouse’s earned income: Income from regular employment, potentially reduced once the service member retires or leaves military service (e.g., due to reduced paygrade).

• Expendable income: Availability of residual income after calculating essential bills, living expenses, credit card debt, and insurance premiums.

  • " Excess income not necessary for needs "`: Courts focus on calculating the spouse’s essential spendable income while considering long-term financial impact.
  • Dependent vs. independent support: Is the spouse supporting themselves based on their resources, as opposed to expecting financial subsistence from others?
  • Any other compelling circumstances: Military-specific examples include frequent PCS moves causing financial instability.

• **Duration and purpose: The objective of alimony_**: helping the dependent spouse achieve some level of independence or for a specific reason (filing fees for a disability claim, health insurance continuity, etc.)

Comparing Military vs. Civilians Alimony

Notable disparity: Military courts tend **to award relatively lower alimony awards“` compared to civilians. Fewer cases go to jury trial, encouraging more straightforward settlements.

Differences in Support Calculators

Guidelines for court-allocated support used in other states (or countries).

Military court-specific processes:

• Eisenhower Hearing: Formalized procedure initiated by divorcing spouses before a base judge, offering a summary of financial aspects and setting the stage for negotiations

Military Service Member Compensation

DOD’s calculation of household income: Factor in BAH (Basic Allowance for Housing) and paygrades when reviewing income differences.

Unique Considerations for Military Careers

Early retirement pay: Revised Retiree Salary‘s impact on alimony calculations

• Veterans’ Employment and Assistance Act (VEAA)_: Support measures for dependents of veteran service-members

Sample Alimony Calculations

We’ll use this table and example to break down complexities:

| Element | Alimony Calculation Formula | Real-Life Example (Service | | | Member’s| | | E-5 Gross Income:|$45K| | Military Spouse’s| | | ESS (Employer|Sponsored|Spouse}| | | Social Security Award:|$600|Total Household| | Household Income:|$45K|$600|$45,500| | _Modified Adjusted| | Combined Income (MAAG),| | adjusting for cost of| | living variables: $40k| | |
|–|———————-|>|>|>|—-| |–|>| |–||–|>|Alimony Calculation:** |
| Disposable Income|($45.5k $40,000)||=|$54,500-| | Monthly Alimony| | |
| Service Member’s| | | Shareable Military| | Retiremen| | Benefit (MSRB): | | Not applicable| |-|

Conclusion and Final Comments

In closing, determining military alimony requires careful attention to the dependent spouse’s support needs relative to the service-member’s income level (_. To better clarify the process:

• Establish a clear definition of necessary expenses and goals for the dependent spouse.
• Consider net income, excludible income, and any support-dependent spouse.
• Factoring in significant military-specific factors, such as the duration of support(2)) and employment assistance programs (VEAA).
  By understanding what influences alimony awards specifically for military service members (and their wives), hopefuls can initiate informed deliberations and advocate for rightful support.

Additional resources:

• [1]***