Drexler Law logo

Military Rules And Marital Separation

When a member of the military separates from their partner, it means that they are subject to certain rules and regulations from the military. These rules initiated by the military are an attempt to make sure that all those serving keep up with their duties to their families.

However, although the military has rules in place, there is very little that can be done when it comes to legally producing a court order to support these demands. Although there may not be legal implications, there can be punishments administered within the military, that cannot be disclosed due to the Privacy Act of 1974.

What are the specific rules in different parts of the military?

Different parts of the military have different rules. In the Army, the regulations state that any solider who has gone through a separation while being a service member must provide financial support that is equal to the basic housing allowance.

Those in the Marines and the Navy are required to pay support based on how many dependents they have. If they only have a former spouse, they should pay one-third of their gross pay as financial support. If they have a spouse and one dependent child, they should pay one-half of their gross pay. If they have a spouse and two children or more, they should pay three-fifths of their gross pay as financial support.

If you are the former spouse of a person in the military, it is important to remember that military regulations might not be legally enforceable; however, you may be able to successfully create a court order to enforce child support.

Source: The Balance, "Military Divorce and Separation," accessed April 06, 2018