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Spousal Support


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#1 napdaddy

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Posted 21 February 2013 - 10:38 AM

It looks like I will be have to pay my spouse "x" amount per month for spousal support due to my military retirement (married 10 years while in the service). Question is whether this is a permanent monthly spousal support payment or is there a time limit when it will end?

I know that normally is spousal is awarded it is for a certain limit (2 yrs,4 yrs etc) but when it comes to spousal support based on retirement pay, I don't know if this is permanent or not.

#2 FindLaw_Amir

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Posted 21 February 2013 - 10:51 AM

Alimony is often deemed "rehabilitative," that is, ordered for only so long as is necessary for the recipient spouse to receive training and become self-supporting. If the divorce decree does not specify a spousal support termination date, the payments must continue until the court orders otherwise. Most awards end if the recipient remarries. Termination upon the payer's death is not necessarily automatic; in cases in which the recipient spouse is unlikely to obtain gainful employment, due perhaps to age or health considerations, the court may order that further support be provided from the payer's estate or life insurance proceeds. To learn more about this subject matter, visit the Family Law Center: Divorce and read Alimony as a good resource.
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#3 Fallen

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Posted 21 February 2013 - 11:34 AM

Military retired pay/pension is a completely separate matter than spousal support. Military retirement/pensions are property issues, just like house, car, etc. (That said, people can agree to address it by way of X or Y scenario and ask court to bless it.) For example, if you were in for 20 and married 10 of those years, then there's a 50% marital portion and the formula would typically dictate as a result that she'd have a 25% interest in your retired pay/pension (if she were there for the entire 20, she'd have a 50% interest).

"Question is whether this is a permanent monthly spousal support payment or is there a time limit when it will end?"

I cannot fathom how we'd know the answer to this from here. :)

You need to seek competent local counsel.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#4 pg1067

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Posted 22 February 2013 - 07:39 AM

I agree that spousal support and the entitlement to a military pension are two different things. However, the original post expressly asks about "spousal support based on retirement pay." It would be helpful if the original poster clarified what he/she is talking about. I also agree that we cannot possibly be expected to guess what the court might order in a case about which we know virtually nothing (including the state where the case is filed).




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