Is it possible to get alimony for a military spouse?

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Question:

Is it possible to get alimony for a military spouse?

Answer:

It is possible to get alimony for a military spouse. If your spouse is in the military, then there are certain rules which you must follow if you want any spousal support orders to be enforceable.

No divorce court will have jurisdiction over an active duty spouse unless he or she is personally served with the divorce papers. The active duty spouse may waive this requirement by filing an affidavit acknowledging the divorce action. In case of a military divorce, you have to take into consideration certain federal laws. The divorce proceedings must be postponed for the entire time the military spouse is on active duty and for 60 days thereafter.

You will also be entitled for commissary, exchange and medical benefits when your marriage is more than 20 years old and your spouse has served for a minimum of 20 years. Once you remarry you will loose the right to receive these benefits but if your second marriage terminates through death or divorce, you will again be entitled for such benefits.

If your military spouse refuses to pay the alimony as ordered by the divorce court, you can apply to the court to enforce the order. You can also approach your spouse’s commanding offer and lodge a complaint. The military has adopted a tough stance against non-payment of alimony. A military spouse who does not pay the court order alimony will be subject to severe action including being removed from the military. Even if you do not have a court order on alimony, the military spouse is expected to adhere to the military’s guidelines on spousal support.

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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