Is alimony awarded in divorce proceedings involving military personnel?

Yes, alimony is awarded in divorce proceedings involving military personnel in Virginia. According to state law, alimony is awarded when the court finds that a spouse does not have sufficient funds to meet their own reasonable needs. This is based on factors such as the length of the marriage, the division of marital assets, and the amount of alimony that the court finds necessary to allow the spouse to maintain a standard of living comparable to what was enjoyed during the marriage. Virginia law also stipulates that in cases involving a military service member, special factors must be taken into consideration when awarding alimony. These factors include the length of the deployment, the size of the military paycheck, the service member’s rank, and any other circumstances that may be relevant to the alimony award. Additionally, when a service member is deployed, alimony payments may be suspended for the duration of the deployment. In cases where the service member is subject to the Uniformed Services Former Spouses’ Protection Act, which provides a source of income for a former spouse when the service member retires, alimony payments may be calculated and awarded based on the former spouse’s percentage of the service member’s disposable retired pay. The court can also consider the former spouse’s health benefits or other entitlements as part of the alimony award. Finally, the court may grant post-judgment alimony modification requests when there has been a significant change in circumstances.

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