Military Divorce Questions…?
This Question From Montana LPN Programs | 6 Answers
The office at JAG is closed for now, but I plan on making an appointment asap. So, I was hoping for the best info I could get before I consult an attorney. Husband is Army E-4 with 7.5 years in, no articles 15′s. DC BAH is around $1790. Been married the last 4.5 years of that. I am legal resident of Maryland, his is Hawaii or home of record is in Montana. No kids. Neither one of us cheated. He called it irreconcible differences. We have always had separate checkings and savings account, retirement funds, etc. Only real debt is car @$7750 left. He plans to have me move out of the residence at the end of March since his LPN at Walter Reed starts in early May. He plans for us to sign a legal separation agreement at end of March since in the state of MD, a couple must be legally separated for a year before they can get an absolute divorce. MD says it is an equal distribution state. SO, question is how much is he required by law, if any, to pay me in support? We’d still be legally married until April 2011. He says I will get my health & dental insurance still and that he will pay me $700/month and pay the car off & put it only in my name(will be around 1.5-2 years left in payments). He’s been planning this for so long and knew so many of the laws, and it came as a shock to me when I thought we were about to just have a serious talk about the relationship. He says we are not happy and not fair to one another to stay together. I have gone through a series of emotions. Even when I got to the point where I started getting mad, I was using a normal tone of voice, but asking very direct questions. Last night he just threatened to take away some of the monthly $budget. I want it to work out, but he’s already made up his mind and only has to wait due to the law. He does not want to go to marital counseling. Renting a room here to keep my job in a high cost of living area, is a tough choice since hard to find another job. My family is in Alabama so I’d probably move back there. I make only $14/hr here & once I did find a job in AL, it might be only $12/hr. I currently work as an 1:1 aide at a private school for emotionally disturbed students and also have experience with autistic spectrum disorder. What legal suggestions and tips do you have? Thank you for your time in reading this and offering advice.
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without a court order he is only required to give you the difference between single and with dependent BAH.. often no more than a couple of hundred dollars.
you will have all Tricare and base access until the day the diviorce is final.
Him offering $700 and the car payment is FAR More than he is required by UCMJ to provide you.
I can’t give you much in the way of legal advice, as a divorce is handled differently in every state. If you are employed, a judge may very well just divide the marital property and debts evenly. It’s impossible to say.
The only reason that I am answering your question is this: You will be wasting your time going to the JAG office. You are not permitted the use of a JAG attorney, only the Soldier is. The JAG office will not discuss any aspect of your husband’s case with you, only with your civilian attorney.
I’m sorry this isn’t the answer you were hoping for, I really am. I wish you the best, though.
The military can’t do anything much for you. This is a civil manner. The only thing the military will possibly enforce without a court order is the difference in BAH between the single rate and the with dependent rate.
You will be able to keep your health and dental till the divorce is final and he takes the divorce decree to DEERS. They can stop his BAH if he moves back into the barracks.
Everything else is between you and him and lawyers.
I am wondering how he can promise health care for you after you divorce as you will no longer be a dependent. A civilian court will decide how much support you are suppose to get, the military has nothing to do with this. In fact, you may not get anything because your income might be enough to support you. If the family court judge decides that your pay is equal to his, which it may because he will not longer get bah with dependents you will not get anything. As far as his promises go, they cannot be enforced unless they are in writing and are part of a settlement that is drawn up by a lawyer. He sounds as if he is saying stuff to get you to sign a separation paper. I would not sign any papers until you speak with a lawyer. The military will not provide you with a divorce lawyer. You are going to have to get one yourself. You can talk to the jag but they probably will not get involved in this.
Edit: He does have to provide you with support while you are legally separated.
Equitable distribution means “Property”. Not Income. With no children, he will not be required to pay support. Given the fact he does not make “a lot of money” you will not be entitled to support or any portion of his income. No disrespect intended, but start looking for a job and a “new start” if you are sure things are over. Time is the only thing that heals (not sure of your religious beliefs) Also, JAG may be able to answer some questions, but will tell you you must retain private counsel. It is a civil, state issue outside the scope of their mission. God bless and Good Luck!
He’s being generous monetarily since he really only has to give adequate support without a court order. He realistically only has to give you the difference in BAH from w/ dependents and w/out which is only around $400. Once you are divorced you are entitled to no insurance and no base privilidges and more than likely will not get alimony so if he wants the out of the marriage(and it sounds like it) then move on with little fuss he’s being more than fair.