Maryland Military Alimony Lawyers
Calculate what portion of military benefits stays with you after a divorce – and ratify it through civilian courts with legal counsel from a military family lawyer at [nap_names id=”FIRM-NAME-3″].
What Makes Military Alimony Different Than Civilian Alimony In Maryland?
As it happens, federal military law does not set specific requirements for alimony or child support payments from its servicemembers to ex-spouses.
Therefore, most alimony and child support decisions made as part of a military divorce decree in a Maryland circuit court will be based on Maryland state laws regarding alimony and child support.
(As a reminder, Maryland alimony orders are frequently limited and designed to support the recipient until they “get their feet underneath them,” in a manner of speaking. Once they’re self-supporting – or have been given the chance to be self-supporting – Maryland alimony orders typically terminate.)
However, currently active servicemembers and veterans cannot be ordered to pay more than half of their income to any sort of support – spousal or child – at any time. This restriction is set in federal law, and so enforceable in any state you choose to file – Maryland included.
However, if alimony is granted from the servicemember to the former military spouse, a state court may enforce their spousal support obligations in several ways, including:
- Court-order
- Garnishment
- Voluntary or Involuntary Allotment
A court may also require the servicemember to maintain life insurance to cover spousal support payments for the required period.
A military divorce lawyer can help assess whether alimony will be required in your specific situation.
How Likely Is It That The Service Member Will Pay Alimony In A Maryland Military Divorce?
Alimony awards in Maryland military divorce decrees will depend on how much each party contributed to the marriage and whether each party’s accustomed way of life can be maintained post-divorce – just like in civilian alimony agreements.
However, military benefits to the possibly non-serving spouse may tip the balance in their favor for specific alimony requests.
For example, the former military spouse may be receiving a grant-scholarship from the Military Spouse Education and Career Opportunities organization, or SECO, to attend school. Once a divorce is finalized, they are no longer eligible for that program.
Therefore, a Maryland court may require the servicemember to cover the projected cost of that lost grant – $2,500 – they otherwise may have expected to have as a military spouse.
The former military spouse may also lose access to their house, provided specifically for the servicemember and their family. Alimony may be required to pay for an apartment or a down payment on a house until the spouse can afford shelter on their own.
However, if the former military spouse is actually bringing in more money than the servicemember and could hypothetically retain their general quality of life post-divorce on their own account, then alimony may not be awarded at all.
Depending on the circumstances, the former military spouse may be required to pay alimony to the servicemember – not the other way around!
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