If you are in the Military, specifically the Navy, and u divorce a civilan spouse, do you have to pay alimony?

Question

The spouse does not have any income.

If you did have to pay alimony, would you still receive BAH w/ dependents?

To clarify, I added that I was in the military because the military has a stricter set of rules regarding paying ex-spouses.

Alimony is cruel. The non-working spouse needs to get a damn job.

Answer 1

I've never heard of a military person paying alimony. Now if you divorce after you've retired, your spouse in entitled to benefits as long as that spouse is not married. Child support is different from alimony.

Answer 2

striclty up to the civilian courts and the state you divorce in. In most cases, alimony is set, but for a limited time,,such as 5 years.

Not every state orders alimony to be paid, regardless of whether or not the other spouse has any income.

You would only continue to receive BAH at the W/ Dep. rate if you had joint custody of the children.

Answer 3

It's up to the judge and the law of the state in which you divorce. What did your attorney say? Do you have kids with this woman? The navy will absolutely make sure you pay court ordered child support.

I spent 22 years in the navy and never met a single guy paying alimony, but that does not mean it could not happen.

Answer 4

Alimony and child support will be awarded according to the law of the state where you reside or where you file. The court may, but is not required to, consider military retirement pay as joint property and award your ex-spouse a portion of it. Policy varies by state and you should seek legal advice. The military has no say in what award the court makes to your spouse.

Answer 5

If you have served at least ten years and she has been your spouse for at least ten years (not necessarily the same 10-year period), she could get 1/2 of your eventual retirement pay. But she has to have it written into the original divorce decree. If it's not, she can't try to get it later.

That's called the Uniformed Services Former Spouses Protection Act, or USFSPA for short.

"The USFSPA also provides an enforcement mechanism for court-ordered alimony and child support. " That's a quote from this website.
http://www.ig.navy.mil/Complaints%20%20(USFSPA).htm

So obviously military people paying alimony isn't unheard of.

Answer 6

Yes Sir I am sure that no matter if you are in the navy, you will still have to pay up. Plus, when it's awarded to her it most likely come right out of your military pay every month. Sorry, just because your in the navy, don't protect you from your duties as a spouse.

Answer 7

I went through A Divorce while in the Navy.

Actually The Divorce was finalized after my separration from Service but I was seperated from my wife during my time on active duty.

I had to pay 1/3 of my Base Pay, and ALL of my BAQ/VHA to my wife. The BAQ and VHA I understand as that is an allowance for living off base given to married Servicemembers. When I moved out and back aboard ship I tried to have them stop my BAQ/VHA as I was no longer living off base. but so long as I was married I could not stop it.
The 1/3 Base pay was to go to her as well as Spousal Support. Even though she had a job EQUAL in pay to mine as an E-3 in the Navy. Where is it she had to give me 1/3 of hers?!?

Now all of this would stop the instant we were Divorced. My BAQ/VHA would stop and I would no longer have to give her 1/3 Base pay. The Navy (and I believe the Military in general) does not have anything like Alimony. once she is no longer your wife. She has ABSOLUTELY NO CONNECTION to the Military whatsoever. and NO BENEFITS as a Dependant. I think there may be a grace period for some things like medical and insurance, to allow her time to find alternate coverage.

But once the Divorce is finalized, she is no longer your wife and therefore no longer intitled to anything from you or the military.

Now Children are another matter. You cannot divorce your children. and you will be required to support them no matter the status of your marriage. There is a formula the military uses to determine how much of your pay you have to give over depending on your Wife, how many kids, your paygrade, etc..

the 1/3 figure quoted above out of my base pay was for 1 dependant (wife) no children.

so in summary of your question...
If you are divorced you do not pay alimony to your Ex-wife through the Military.

Now I got out in 1994 and things may have changed in the meantime. so check with your military legal office or disbursing officer for details.

Answer 8

Usually the same standards are set whether you are a civilian or in the military. And yes if you had children you would still be eligible for BHA even after divorce. (my husband retired Navy)

Answer 9

As far as I know, it is handled on a case by case basis... and the ex-spouse's situation will come into play... (disabled child that the other parent cares for, disabled ex-spouse, etc.) A place to start for answers: http://www.dod.mil/dfas/militarypay/garnishment/childsupportandalimony.html

Answer 10

Alimony and the amount is up to the judge. If you don't pay, your salary could be attached and you'll pay anyway. Also, if you don't pay you will subject to punishment under the UCMJ, like any debt you owe..