Military Divorce Alimony

Divorce Papers > Divorce Alimony > Military Divorce Alimony

The following abbreviations are used in the following article.

BAH = Basic Allowance for Housing
BAH II = Basic Allowance for Housing, Type II
BAQ = Basic Allowance for Quarters
BAS = Basic Allowance for Subsistence
OHA = Overseas Housing Allowance

Military Divorce Alimony in Army

As per Army Regulation 608 99, Family Support, Child Custody and Paternity, soldiers must disburse temporary support on the basis of the family condition. The basis of all payments is BAH II. This was known as BAQ in the past. In the absence of a court order, the below mentioned support requirements exist.

• Military spouse, spouse has children: The difference between the with dependents rate and without dependents rate as per BAH II
• Military spouse, split custody of children: No support
• Military spouse, no children: No support
• Civilian spouse or children not in military housing residing at varied spots: Each family member must be given pro rata share of BAH II at the with dependents rate
• Civilian or military spouse or children in military housing: No support
• Civilian spouse or children not in military housing: The with dependents rate in BAH II

Military Divorce Alimony in Navy

The gross pay of a sailor is defined as base pay plus BAH (if eligible) minus allowances like hostile fire pay, BAS etc. In the absence of a court order or agreement, a guide for family support can be obtained through Milpersman 1754-030, Chapter 15, Support of Family Members.

In the below mentioned conditions, the support obligation is stated as a fraction of the gross pay.

• If there are 3 minor children: One third
• If there are 2 minor children: One fourth
• If there is 1 minor child: One sixth
• If there is spouse and 2 or more children: Three fifth
• If there is spouse and 1 minor child: Half
• If there is only spouse: One third

Military Alimony in Air Force

If there is no court order or agreement, it is expected that service members would offer adequate financial support to family members. This is mentioned in Para. 3.2.1 in Air Force Instruction 36-2906. The Air Force does not stipulate the level of support. It leaves this decision to the agreement of the parties or if the parties do not agree, then up to the civilian courts.

Support is inclusive of cash payments as well as in-kind payments like paying bills, purchasing groceries etc. Even a commander cannot define what can be termed as an adequate level of support. Let us assume that a commander receives a complaint of non support. In this case, the commander might need a proof of support.

The conclusion of all the above facts is that if a partner is separated from a service member, this partner must procure a court order.

Military Alimony in Marine Corps

If there is no court order or agreement, the monthly support standards that the members must adhere to are mentioned in Chapter 15. The amount that must be paid to each family member is put across as a fraction of the OHA or BAH that the marine is receiving along with a minimum dollar level per family member.

• 6 or more family members: One seventh OHA/BAH, minimum 152 USD each
• 5 family members: One sixth OHA/BAH, minimum 174 USD each
• 4 family members: One fifth OHA/BAH, minimum 200 USD each
• 3 family members: One fourth OHA/BAH, minimum 233 USD each
• 2 family members: One third OHA/BAH, minimum 286 USD each
• 1 family member: Half OHA/BAH, minimum 350 USD each

Divorce Papers