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You are here: Home / Law / Military Divorce Lawyer Guide to Spousal Support Factors

Military Divorce Lawyer Guide to Spousal Support Factors

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Divorce Lawyer

Going through a military divorce is hard.

Divorce is one of the most stressful things anyone will ever go through — and when military service is involved, it can get even more complicated. Alimony/Spousal Support is often the most contentious issue.

The good news?

A military divorce attorney who handles family law matters will walk you through each step. By hiring the appropriate legal counsel you can:

  • Protect your financial future
  • Understand how military pay is treated
  • Know exactly what to expect from the court

Here’s what every military spouse needs to know…

What’s inside this guide:

  1. Why Military Divorces Are Different
  2. The Key Spousal Support Factors Courts Look At
  3. How Military Pay Affects Alimony
  4. The 10/10 Rule And What It Really Means
  5. Mistakes That Can Cost You Thousands

Why Military Divorces Are Different

Military divorces aren’t like civilian divorces.

Everything from the rules and income structure to how pensions are divided — it’s all changed. One article even cites that around 19,689 active duty service members divorced in 2022. That comes out to about 3% of married active duty service members — which is higher than that of the civilian sector.

When every detail of each step matters, having a military divorce lawyer represent you in your family law case is key. They know federal and state law — military family law overlaps both.

Civilian divorce courts may not know or understand military pay, BAH/BAS, or deployments. Therefore, retaining the correct attorney is very important.

Spousal support in military divorces involves things like:

  • Military income (including allowances)
  • The Uniformed Services Former Spouses’ Protection Act (USFSPA)
  • Frequent relocations and career disruption
  • Healthcare benefits like TRICARE
  • Survivor Benefit Plan (SBP) coverage

All of these things can drastically change your final support amount. A single civilian spouse can lose thousands of dollars over time by failing to address just one.

The Key Spousal Support Factors Courts Look At

Every state handles spousal support a little differently…

However, there are certain key issues that most judges will take into consideration when granting a military divorce. Here they are:

Length of the Marriage

The longer you’ve been married, the more likely spousal support will be awarded.

Short marriages (less than 5 years) typically do not result in long-term support. Long marriages (greater than 20 years) typically will. This issue is even weightier in military divorces due to the 20/20/20 rule — which dictates if the civilian spouse is able to retain military benefits (such as TRICARE and commissary benefits) following the divorce.

Military Income and Allowances

This is where things get interesting.

Judges use total income when determining spousal support, not just base salary. Total income includes:

  • Basic pay
  • BAH (Basic Allowance for Housing)
  • BAS (Basic Allowance for Subsistence)
  • Special pays (combat, hazardous duty, flight pay, etc.)
  • Bonuses and re-enlistment incentives

Allowances are not taxed as income for the member. However, they are considered income for purposes of support calculations. This can greatly increase the amount of support the civilian spouse gets.

Career Sacrifices Made by the Civilian Spouse

Military life is tough on civilian spouses.

Moving frequently doesn’t allow you to have a stable career. It’s understandable why. In fact, military spouses face a 21% unemployment rate — some of the highest in the nation. Judges understand this when awarding support.

If you sacrificed career opportunities to support your service member spouse’s career, that is relevant information. A skilled military divorce attorney will make note of these sacrifices and present them when negotiating your support award.

Standard of Living During the Marriage

Courts try to keep both spouses in a similar lifestyle after divorce.

If a family is living in base housing with income stabilized for years, the civilian spouse shouldn’t be thrust into survival mode. Spousal support bridges that gap until they can stabilize as a civilian again.

The 10/10 Rule And What It Really Means

This is one of the most misunderstood parts of military divorce…

According to the 10/10 rule (USFSPA), if you were married for 10 years that overlapped with 10 years of military service then DFAS will direct pay you your portion of the military retirement.

Most people misunderstand this: The 10/10 rule doesn’t decide if you are awarded a share of the pension. It ONLY decides how you get paid. So even if you were only married for 5 years, you may still qualify for part of the pension — you just won’t receive it from DFAS.

This is why it’s so critical to have an experienced military divorce attorney. One incorrect application of this rule can cost you money.

How Deployment Affects Spousal Support

Deployments throw a wrench in everything.

Service members are not allowed to appear in court at any time. Active duty members are protected from default judgments under deployment by the Servicemembers Civil Relief Act (SCRA).

What this means for spousal support:

  • Hearings can be delayed until the service member returns
  • Temporary support orders may be put in place during deployment
  • Combat pay and deployment income affect calculations
  • Custody schedules need flexibility

The challenges are amplified for women in the service. Female service members divorce at roughly 7% compared to 2.5% for male counterparts, and often have complicated custody and support issues on top of their deployments.

Mistakes That Can Cost You Thousands

Lots of people walk into military divorces unprepared.

Here are the most common (and costly) mistakes to avoid:

  • Failing to understand USFSPA: USFSPA is the federal law that allows military retirement to be divided. Mess this one up and you could be losing tens of thousands of dollars.
  • Neglecting SBP coverage: If your ex-spouse does not elect Survivor Benefit Plan coverage, your portion of the pension ends upon their death.
  • Failing to take care of healthcare: TRICARE has strict qualifying criteria. Fall short of the 20/20/20 guideline and you become ineligible for coverage.
  • Hiring a civilian only lawyer: Many family law attorneys have no idea how military pay works or even what the USFSPA is.
  • Forgetting about state law: Just because you’re getting a military divorce doesn’t mean you can ignore your state’s divorce laws. Military divorces are still filed in state court — which means state alimony rules still apply in addition to any federal laws.

Each of these mistakes can drain thousands from a final settlement.

Bringing It All Together

Military divorce is complicated, expensive, and emotionally draining.

However, once you know what factors the judge considers regarding spousal support, it’s like walking into court armed and ready to go. As a quick review:

  • Military divorces are NOT the same as civilian divorces
  • Factors determining spousal support consider BAH, BAS, and special pays — not merely base salary
  • The 10/10 rule controls payment method, not entitlement
  • Career sacrifices made by the civilian spouse matter
  • The right legal help can save you thousands

Smartest move? Hire a military divorce lawyer who practices in federal military law AND state family law. Only that combination will protect your financial future and secure the fair outcome you deserve.

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