Understanding Alimony and Spousal Support: General Overview

Understanding Alimony and Spousal Support: General Overview

Alimony, or spousal support, is designed to provide financial assistance to a spouse following separation or divorce, ensuring they can maintain a stable lifestyle while adjusting to their new financial circumstances. There are several types of alimony that courts may award, depending on the needs of the dependent spouse and the specific circumstances of the marriage:

1. Temporary Alimony (Pendente Lite): Awarded during the divorce process to provide support until a final decree is issued.
2. Rehabilitative Alimony: Helps the dependent spouse gain financial independence by allowing time to obtain education or job training.
3. Permanent Alimony: In long-term marriages, this may be granted if the receiving spouse cannot reasonably be expected to become financially self-sufficient.
4. Reimbursement Alimony: Compensates a spouse who may have financially supported the other during the marriage for educational or career advancement.
5. Transitional Alimony: Short-term support to help a spouse transition into post-divorce life.

When deciding on alimony, courts look at various factors including the length of the marriage, the standard of living during the marriage, the financial needs and earning potential of both spouses, and contributions made by each spouse during the marriage, such as homemaking or supporting the other's career.

Special Considerations for Military Spouses

Military spouses often face unique challenges when it comes to securing alimony. Frequent relocations, deployments, and the demands of military life can significantly disrupt a spouse’s ability to maintain steady employment or advance in a career. These factors make spousal support critical to ensure financial stability after a divorce. Some of the key issues military spouses may encounter include:

1. Sacrificed Careers: Military spouses frequently have to give up their own career aspirations to accommodate frequent relocations or support the service member’s duties. This can leave them financially dependent and in greater need of long-term support.
2. Frequent Moves: The constant relocations associated with military life can hinder job opportunities and prevent military spouses from building consistent work histories, making it difficult to become self-sufficient after a divorce.
3. Deployment Stress: During deployments, military spouses often take on full-time caregiving responsibilities, which further reduces their earning potential. This can create a significant financial gap that alimony is intended to bridge.
4. Military Benefits: Military benefits, such as housing allowances, special duty pay, and retirement benefits, are factored into alimony calculations. These benefits can be complex to navigate, but they are critical in ensuring the dependent spouse receives adequate support.

Why Working with a Military-Focused Law Firm Matters

Securing alimony for military spouses requires a deep understanding of both military and civilian legal systems. A military-focused law firm, especially one staffed by former JAG attorneys, is uniquely positioned to handle these cases effectively. Such firms understand the specific financial structures of military pay, including Basic Allowance for Housing (BAH), Family Separation Allowance (FSA), and special duty pay, ensuring that no financial resources are overlooked in alimony calculations.

A former JAG attorney can also navigate the Uniformed Services Former Spouses’ Protection Act (USFSPA), which allows state courts to divide military retirement pay in a divorce. Additionally, they know how to handle cases where military benefits and income fluctuate due to deployments or changes in duty status, ensuring that the dependent spouse’s needs are met regardless of the service member’s evolving circumstances.

Call to Action

If you are a military spouse or civilian facing a divorce and seeking alimony, our experienced team is here to help. With our deep understanding of both military and civilian systems, we can ensure that you receive the financial support you deserve. Contact us today to schedule a consultation by calling 301-952-9000 or using our online scheduling link (CLICK HERE).

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please contact an attorney directly.