What regulation directs military compensation to spouses during separation or divorce?

1LT Private RallyPoint Member — Tue, 08 Jan 2019 21:00:43 -0500

Response by MSG Private RallyPoint Member made Jan 8 at 2019 10:47 PM

MSG Private RallyPoint Member — Tue, 08 Jan 2019 22:47:57 -0500

Army Regulation 608-99 sets the Army’s policy on responsibilities and procedures for financial support

Response by MAJ Ken Landgren made Jan 8 at 2019 11:00 PM

MAJ Ken Landgren — Tue, 08 Jan 2019 23:00:25 -0500

https://www.thebalancecareers.com/military-divorce-and-separation-3345252

All About Military Divorce and Separation

Here's how family support issues, including wage garnishment, are handled by the branches of the U.S. military, and what recourse is available.

Response by Patricia Overmeyer made Jan 9 at 2019 10:53 AM

Patricia Overmeyer — Wed, 09 Jan 2019 10:53:07 -0500

If there is no court order, each branch has different regulations regarding how much is to be paid to the military spouse. You will need to review the regulations for your particular branch to determine what is required. You can also speak with JAG regarding what your spouse is entitled to during the separation/divorce. The reason you may wish to do this is to ensure that your particular situation is addressed according to the facts. For example, if your spouse earns more than you then you may not be required by the military to pay anything. If you are providing the onbase housing, utilities, etc. to your spouse while you are living in a separate home, then you may be considered to be providing for that spouse and no money is required to be paid. Each situation is different and that is why you need to talk with JAG to ensure that you are in compliance.
Your best bet in this situation is to first talk with a civilian attorney who practices in the area of family law with military issues. It may be in your best interest to at least get a court order, even if it is a temporary one, regarding any possible payments to the spouse during the separation/divorce. This may in fact end up being less than what the military would require you to pay. Once there is a court order, the military regulations regarding what compensation is to be provided to the spouse no longer apply. The court order applies and you will need to be compliant with the court order.

Response by SFC Private RallyPoint Member made Jan 10 at 2019 6:15 PM

SFC Private RallyPoint Member — Thu, 10 Jan 2019 18:15:30 -0500

I highly recommend you to go to legal so they can assist you with the military regulatory guidance. A civilian attorney may or may not be familiar with military procedures in this matter. Good luck to you...

Response by SFC Matthew Parke made Oct 15 at 2020 4:07 PM

SFC Matthew Parke — Thu, 15 Oct 2020 16:07:43 -0400

AR 608-getajob