It is always an arduous process when undergoing a divorce. However, every military branch has its laws enforced if the military spouse refuses to support his family financially. It is not permissible for a military member to entirely cuts off his or her spouse financially. However, each branch or component of the military has its own set of guidelines about the level of assistance that service members are required to offer. Therefore, one need not feel helpless but follow the below-listed steps that can be taken when fighting the divorce with your soldier spouse and legally receive the military alimony during divorce process.
1. Hiring a divorce attorney:
It is essential to note that fighting divorce cases alone is not the best suggestion. A divorce attorney with years of experience knowing the nuances of military divorces would be the best for your interests. When it comes to safeguarding your legal entitlement to support, your attorney’s advice will be crucial.
2. Contacting your spouse’s chain of command:
You might consider notifying your spouse’s commanding officer about financially abandoning you. Most commanding officers will gladly assist you in military alimony during divorce process, but in rare instances, an officer may choose to stay out of it.
3. Contacting additionafl parties:
If the officer in command fails to resolve the issue, you must take it up with the chaplain. A chaplain will essentially try to be the mediator and help you resolve the matter as soon as possible. Consider calling the branch’s Victim’s Advocacy Program as well. The fact that your spouse has essentially abandoned the family will be reported to command by a Victim’s Advocate.
4. Contacting Judge Advocate General (JAG):
If all the parties mentioned above fail to help you in the proceedings, you should notify the Judge Advocate General. While the JAG does not possess the powers and will not be able to assist you with a divorce, they will be able to guide you in the right way if other parties have failed to help you.
5. Know the military benefits after divorce:
Being divorced from someone in the military services comes with a lot of benefits. These are proposed to make your spouse’s service informal for you while also ensuring that both of you are taken care of. The benefits include the following:
- Child care benefits.
- Health benefits.
- Military alimony during divorce process.
- Housing benefits
- Commissary and shopping benefits.
Military spouse benefits are only available if you are legally married to a member of the military. Similarly, you can officially get registered with your spouse’s branch as authorized employees. (i.e., Navy, Air Force, Army, etc.).
In a divorce proceeding, the spouse might also ask for SBP (Survivor Benefit Plan) coverage. Suppose a court orders coverage for a former spouse and the member fails or refuses to make the appropriate selection. In that case, the member will be assumed to have made the requisite election if the service finance center receives a written form of request from the former spouse.
Coverage is revoked if the former spouse remarries before reaching the age of 55. Coverage is reinstated if the second marriage ends in death or divorce. The member may not name a current spouse as a beneficiary as long as the previous spouse is alive unless the former spouse waives the benefit in writing.