Understanding How Military Regulations Affect Your Spousal Support in Virginia

Posted on Feb 20, 2011 by Hofheimer Family Law

In most cases, the U.S. Navy and Marine Corps require members to pay spousal support after a Virginia divorce, regardless of whether a court order or legal agreement exists. The military uses the naval support scale as a guide to figure the amount of support an ex-spouse should receive.

The percentage of the member's pay that the naval support scale allots toward support payments is dependent upon the number and relationship of the dependents. For example, in cases where there are no minor dependents, the military member is required to pay one-third of his gross pay for Virginia spousal support.

While the military requires members to pay support for their ex-spouses in most cases, the U.S. Navy and Marine Corps regulations do specify certain exemptions.

A military member may be exempt from paying spousal support if:

  • a court order indicates exemption;
  • the spouse voluntarily relinquishes rights to the support payments;
  • both spouses agree to the terms; and
  • a waiver to the Director of the Navy Family Allowance Activity has been submitted.

There are extenuating circumstances that the military regards as important in determining if the military member should be exempt from paying spousal support. Your Virginia divorce attorney can explain how the U.S. Navy and Marine Corps regulations affect your particular case.

Specific grounds for spousal support exemption include:

  • physical abuse;
  • infidelity; and
  • desertion without a cause.

Consider talking to a Virginia divorce attorney if you're contemplating divorce, especially if it's a military divorce with strictly imposed regulations. Your Virginia divorce attorney will help you understand all the U.S. Navy and Marine Corps regulations that may affect your Virginia spousal support, so you can seek the adequate and continuous support that you're entitled to.

Contacting a Virginia Divorce Attorney

Throughout your divorce proceedings, you'll naturally have a lot of questions specific to your circumstances. Get your questions answered by requesting one of our FREE divorce guides for women, or reserving your seat at our monthly divorce seminar – 757-425-5200.

The Virginia divorce attorneys at Hofheimer Family Law Firm are committed to fighting for your rights, assisting in child custody disputes, and advocating that you receive everything you are entitled to and need in order to start your new life.