Last Update:
October 1, 2024

Financial Support For Military Spouses In Maryland Divorce

This blog explores the types of financial support available to military spouses during divorce, including military family support, alimony, and exclusive use of the marital home and vehicles. It highlights the unique advantage of working with attorneys who have military experience, enabling them to quickly secure family support by leveraging military regulations, often much faster than non-military attorneys working through civil courts.

Financial Support for Military Spouses in Maryland Divorce

Divorce can be a difficult and complex process, particularly for military families who must navigate both state and federal regulations regarding financial support. In Maryland, there are multiple forms of financial support available to military spouses, including military family support, alimony, and exclusive use of marital property such as the family home and vehicles. While this blog focuses on Maryland law, other states have similar laws and frameworks. It's important to understand how these various support mechanisms work and to consult with an attorney who has experience in military family law to ensure that your rights are fully protected.

Military Family Support

Under military regulations, service members are required to provide adequate financial support to their families, even during periods of separation or divorce. Each branch of the U.S. military has its own guidelines regarding family support, and failure to comply with these rules can result in disciplinary action.

Army:

Army Regulation 608-99 mandates that soldiers provide interim family support during separations. The amount of support required is based on the soldier's pay grade and the number of family members they are responsible for. Soldiers are expected to pay a portion of their Basic Allowance for Housing (BAH) to their dependents unless a court order or written agreement states otherwise.

Navy and Marine Corps:

For Navy and Marine Corps service members, support requirements are outlined in the Navy's MILPERSMAN 1754-030 and the Marine Corps’ Manual for Legal Administration (MCO P5800.16). These regulations set specific amounts for spousal and child support based on the number of dependents. Navy personnel, for example, may be required to provide one-third of their gross pay for a spouse and children unless a court order directs a different amount.

Air Force:

Air Force members follow AFI 36-2906, which requires airmen to provide adequate financial support to their families. The specifics of the required support depend on the circumstances, and airmen are encouraged to resolve these matters through a written agreement or court order.

It’s essential for military spouses to understand these requirements and how they interact with Maryland law. Military family support obligations can help bridge the gap until more permanent support orders are established.

Alimony in Maryland

Maryland offers three types of alimony, which may apply in military divorces: pendente lite (temporary), rehabilitative, and indefinite alimony.

Pendente Lite Alimony:

"Pendente lite" alimony is temporary support paid while the divorce is pending. The goal is to maintain the status quo until the court can issue a final order. In cases involving military families, this support may be combined with the military family support obligations required under service branch regulations.

Rehabilitative Alimony:

Rehabilitative alimony is the most common form of spousal support awarded in Maryland. This type of alimony is intended to provide financial assistance to a spouse for a limited time while they gain the skills or education necessary to become self-supporting. For example, a military spouse who sacrificed their career to support the service member may receive rehabilitative alimony to attend school or training programs.

Indefinite Alimony:

Indefinite alimony is less common and is awarded when the receiving spouse cannot become self-supporting due to age, illness, or disability, or when there is a large disparity in the standard of living between the spouses. Military spouses who have been out of the workforce for a significant period due to frequent relocations or deployments may seek indefinite alimony if they are unlikely to become self-sufficient.

Use and Possession of the Marital Home and Family Vehicles

Maryland law allows courts to grant one spouse exclusive use and possession of the marital home and family vehicles for up to three years after the divorce. This provision is often used when the divorcing couple has children and the court determines that it is in the best interests of the children to allow them to remain in the family home.

For military families, this can be particularly important because frequent relocations may mean that the non-military spouse has no other stable living arrangements. Exclusive use of the family home provides stability for both the spouse and the children during and after the divorce process.

Similarly, the court can grant exclusive use of a family-use vehicle—a vehicle regularly used for family transportation. This is particularly helpful when the military spouse is deployed and the non-military spouse needs reliable transportation for work, school, or family activities.

Why Having Military Knowledge is Critical for Securing Fast Family Support

One of the biggest advantages of working with an attorney who has military experience—particularly someone who has previously advised commanders on family support obligations—is the ability to secure financial support quickly. Military regulations require service members to provide family support even before a court order is in place. Attorneys with military backgrounds know how to navigate these regulations and often obtain temporary family support directly from the service member’s command. This can result in receiving financial support in a matter of days, whereas non-military attorneys, who must rely solely on the civil court system, may take months to secure the same relief through traditional legal channels.

Military attorneys are familiar with branch-specific guidelines (such as the Army’s AR 608-99 or the Navy’s MILPERSMAN 1754-030), which outline the obligations of service members to support their families during separation or divorce. With the ability to engage commanders and explain the regulatory requirements, we can leverage these policies to ensure the service member complies quickly. In many cases, this can bridge the gap while waiting for civil court proceedings to finalize, providing vital financial stability to military spouses and children.

By choosing a law firm with former military JAG attorneys, you can avoid lengthy delays and ensure your support needs are met without unnecessary waiting periods.

Conclusion

Financial support for military spouses in a Maryland divorce involves multiple layers of complexity, from understanding military family support obligations to navigating Maryland’s alimony and property laws. Whether you are dealing with temporary support, long-term alimony, or the division of military benefits, having a knowledgeable attorney is essential to protecting your rights.

If you are facing a military divorce, contact us to schedule a consultation with a former military JAG attorney who can provide the expertise you need. We are here to ensure that your financial future is secure.

If you need assistance securing financial support in a divorce, our experienced team of former JAG attorneys can help. We understand military regulations and can provide the support you need to navigate this complex area of law. Contact us today to schedule a consultation by calling 301-952-9000 or using our online scheduling link (CLICK HERE).

DISCLAIMER:

The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading or engaging with this content does not establish an attorney-client relationship between you and our law firm. If you need legal assistance regarding your specific situation, we encourage you to contact us directly for a consultation.

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