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Military Spousal Support Attorneys in Fairfax

Military Spousal Support Payments

Like civilian divorces, military divorces may require the divorced service member to pay spousal support to their ex-spouse. Unlike civilian divorces, however, each branch of service has outlines defining what adequate support may equate and how payments may be handled by the divorced member.

At the Law Offices of Michael Kevin Murphy, PLLC, our office has a vast understanding of the state laws pertaining to divorce, as well as the federal laws enacted by the military services that define spousal support and benefits. Our firm has over 30 years of experience in providing quality representation to our clients, and we may be able to help you, too.

If you are divorcing as a military member, or if you are a spouse divorcing a service member, call (703) 721-7640 between 8:00 a.m. and 4:00 p.m., Mondays through Fridays to schedule a consultation with our Fairfax military spousal support attorneys.

How The Branches Define Adequate Support

Military divorces require, in some part, a form of adequate payment to spouses for support post-divorce. While the general understanding is that family support should be provided, each branch outlines a different definition of what “adequate” may mean. Federal laws do require military members to satisfy all spousal support obligations, and active duty pay may be allotted to satisfy the needs of the agreements.

The branches define adequate pay as:

  • Army: Soldiers are required to pay the allotment of basic housing allowance with dependents under the Army Regulation 608-99.
  • Air Force: Air Force Instruction 36-2906 states that individual command or family law courts can determine the adequacy of an amount to be paid given the circumstances of the case.
  • Navy and Marine Corp: The Naval Personnel Manual (at MILPERSMAN 1754-030) and a separate U.S.M.C. regulation ( MCO P5800.16A, Marine Corps Manual for Legal Administration, Chapter 15, Section 15001) allows commands to determine what adequate support may be when there are no court-ordered amounts. These amounts may vary depending on the number of dependents.
  • Coast Guard: COMDTINST M1600.2, Discipline and Conduct, Chapter 2.E Support of Dependents, section 2.E.1.a. requires commanding officers to direct the amount of support to be provided when there is no court order or agreement of the member and his/her spouse.

Different allotments and circumstances may be considered for National Guard members and reservists that are called to active duty. To best understand the amount you may owe or the amount that you may receive, it is always suggested that you work with attorneys that understands military codes and the state laws as they pertain to divorce and spousal support.

Understanding Military Benefits For Divorced Spouses

Unlike spousal support, military retirement benefits (except for sharing in the member’s military retired pay) are not granted to spouses unless the spouse meets the criteria of the 20/20/20 rule. Here if the member and his/he spouse had been married for 20 years, the service member served for 20 years, and the marriage and the military service overlapped by at least 20 years the 20/20/20 rule will be satisfied. Benefits may include commissary and exchange privileges, retention of military identification, and TRICARE benefits.

Importantly, though, the 20/20/20 rule does not apply to a division of the member’s military retired pay between the member and his or her spouse. Therefore, a military spouse may be awarded a share of the member’s military retired pay or retired pay expectancy even if the marriage lasted well less than 20 years.

Learn More About Your Rights By Calling The Law Offices Of Michael Kevin Murphy, PLLC

Military divorces can be complicated and there are a lot of questions that pertain to spousal support, child support, custody, and visitation. At the Law Offices of Michael Kevin Murphy, PLLC, we know that this time in your life can be confusing but our dedicated team of Fairfax military divorce lawyers could help.

For more information on how our office can provide you with peace of mind, call us at (703) 721-7640 between 8:00 a.m. and 4:00 p.m., Mondays through Fridays to schedule a consultation with our office. We serve clients throughout Fairfax, Prince William, Loudoun, Arlington, and Stafford Counties and the City of Alexandria in Northern Virginia.

Why Hire Law Offices of Michael Kevin Murphy, PLLC?

Our Attorney is a former
U. S. Army officer.

Our firm is award winning & top rated..

We serve clients domestically & internationally.

Located close to the Fairfax County Courthouse.

We have over 30 years of legal experience.

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