How military spouses take advantage during divorce cases and what you can do about it.
If you’re familiar with the military and how they structure pay, you’ll know that a regular enlisted military member will increase their take home pay by getting married. The military does not increase the individual’s base pay, rather, they increase the amount they are given for BAH (basic allowance for housing). This is because they will not be living in the barracks on base with their family and it will cost them more money to live off base. The amount the individual is the receive in BAH has to do with their rank and where they are stationed.
The military wants to promote service members to start and have families. They also want to make sure their service members act honorably. This means that if a family separates while collecting BAH and the member’s spouse complains to the CO that they’ve been cut-off financially, the CO should direct a portion of the BAH to be paid directly to the spouse. This is good since it promotes stability and keeps people from having to run to court to get money when they’re in dire situations. This is bad if you’re in the military and have a spouse who is only concerned with how much money they can get.
These situations show themselves most frequently with young military members who are married for a short while and then find themselves getting divorced. The military member wants to be divorced so they can move on with their lives. The spouse sees their free ride about to end and contacts the member’s CO to report them for financial abandonment. The spouse begins collecting BAH…which the military will continue paying them so long as they are married. Since the parties will be married until the court enters a final judgment divorcing them, many spouses will then attempt to delay the proceedings as long as they can. The longer they stay married, the more they will receive. Knowing they likely don’t have a real alimony claim in the Florida divorce courts, the spouses get their “alimony” by dragging the case on.
Miller Law Firm has been in this situation numerous times. The strategy in a case like this should be to move the case through the court as quickly and efficiently as possible. Either come to an agreement with the spouse quickly, or get to trial in front of your Judge. Miller Law Firm knows how to guide you through your Florida military divorce or paternity process, explain your rights and responsibilities to you under Florida law, advise you on your best course(s) of action, and help you feel more comfortable knowing you have the right lawyers fighting for you while you’re fighting for us.
We treat our service men and women with the level of respect they have earned. We take pride in being able to protect your interests at home while you are fighting to protect ours.
Let us serve you.