Spousal Support (Alimony) in Military Divorce — Complete Guide

Spousal Support (Alimony) in Military Divorce

Spousal support — also called alimony or spousal maintenance — is a court-ordered payment from one spouse to the other after divorce. In military divorce, spousal support involves unique considerations including BAH, military pay structures, and the interplay with retirement division.

---

Types of Spousal Support

Most states recognize several types of alimony:

1. Temporary support — During the divorce proceedings
2. Rehabilitative support — Short-term support to help the recipient become self-supporting
3. Permanent/long-term support — For long marriages or when the recipient cannot become self-supporting
4. Lump-sum support — A one-time payment instead of ongoing support
5. Reimbursement support — Compensates a spouse for supporting the other through education or career advancement

---

Factors Courts Consider

Courts consider numerous factors when determining alimony:

• Length of the marriage — Longer marriages typically result in more/larger awards
• Each spouse's income and earning capacity
• Age and health of both spouses
• Standard of living during the marriage
• Contributions to the marriage (including non-financial contributions like homemaking)
• Child custody arrangements
• Education and training needed for the recipient to become self-supporting
• Tax consequences (see below)
• Military benefits — Including retirement, disability, and housing allowances

---

Military-Specific Considerations

BAH (Basic Allowance for Housing)

BAH is part of the service member's total compensation. Courts may consider BAH as income for alimony calculations. If the service member receives BAH-with-dependents, the family housing benefit is included.

Military retirement and alimony

A former spouse receiving a portion of military retired pay under USFSPA may still be eligible for additional alimony — especially if the pension share alone is insufficient.

VA disability and alimony

VA disability compensation can be considered as income for alimony purposes (unlike property division, where it's generally excluded after Mansell).

Deployments

Deployments complicate alimony: the service member's income may change, and enforcement across state lines (and during deployment) requires legal expertise.

---

The Tax Treatment of Alimony (Post-2018)

The Tax Cuts and Jobs Act of 2017 changed alimony taxation for divorce decrees executed after December 31, 2018:

For divorces finalized AFTER 2018

• Alimony is NOT deductible to the payer
• Alimony is NOT taxable to the recipient

For divorces finalized BEFORE 2019

• Alimony is deductible to the payer
• Alimony is taxable to the recipient

Modified decrees

If a pre-2019 decree is modified after 2018, the new tax treatment applies only if the modification explicitly adopts the post-2018 rules.

---

Alimony vs. Property Division

It's critical to understand the difference:

• Property division — Dividing marital assets (one-time, final)
• Alimony — Ongoing support payments (modifiable, terminable)

Key differences

| | Property Division | Alimony | |---|---|---| | Terminable on remarriage? | No | Typically yes | | Terminable on death? | No | Typically yes | | Modifiable? | Usually no | Often yes | | Tax treatment | Usually tax-free transfer | Varies (see above) |

---

Calculating Alimony

There is no federal formula for alimony — each state has its own guidelines. However, a common rule of thumb:

The "One-Third" rule

A common informal formula: alimony = 1/3 of the payer's gross income minus 1/3 of the recipient's gross income.

Example

• Payer gross income: $8,000/month
• Recipient gross income: $2,000/month
• Alimony: ($8,000/3) - ($2,000/3) = $2,667 - $667 = $2,000/month

This is a rough estimate only — actual awards vary significantly by state and judge.

---

Modifying Alimony After Divorce

Alimony can often be modified if there is a substantial change in circumstances:

• Job loss or significant income reduction
• Retirement
• Disability
• Remarriage (often terminates alimony automatically)
• Cohabitation (may terminate alimony in some states)

Military-specific modification triggers

• Retirement from military service (income changes from active pay to retired pay)
• Deployment
• Disability rating changes

---

Frequently Asked Questions

Can I get alimony if I'm already getting a share of the military pension?

Yes. Property division (pension share) and alimony are separate. You may receive both if the court finds it appropriate.

Is alimony taxable?

For divorces finalized after 2018, alimony is neither deductible to the payer nor taxable to the recipient.

Can my former spouse stop paying alimony if they retire?

Retirement alone doesn't automatically terminate alimony, but it may be grounds for modification. The court will consider whether retirement was in good faith and whether the payer can still pay.

Is VA disability counted as income for alimony?

Yes. While VA disability is generally not divisible as property, it can be counted as income for alimony calculations in most states.

---

Next Steps

1. Take the Free Assessment — Our AI-powered Veteran Divorce Financial Assessment analyzes support factors.
2. Use the Spousal Support Planner — Estimate support outcomes with our spousal support calculator.
3. Schedule a Strategy Session — Get expert guidance on support negotiations.

Protect Your Benefits. Protect Your Retirement. Protect Your Next Chapter.

---

Disclaimer: This article is for educational purposes only and does not constitute legal or tax advice. Consult a qualified attorney and financial professional regarding your specific circumstances.