How is spousal support determined in a military divorce?

In Wisconsin, determining spousal support in a military divorce can be complicated. Generally, spousal support is determined by the court’s order. All factors of the divorce will be taken into consideration by the court, including the length and type of marriage, the domestic violence history of the parties, and the financial resources of the parties. However, if the parties are both military members, the federal Servicemembers Civil Relief Act (SCRA) of 2003 must be taken into consideration. The SCRA limits the amount of spousal support that the military member can be ordered to pay, and it also restricts the size of the court order relative to military income and housing allowances. This means that a court may not order a military member to pay more than 60 percent of basic pay per month in total spousal support. Additionally, child support and non-dischargeable debts will be deducted from the amount of the order. If someone in the military is receiving orders for deployment or permanent change of station, spousal support may be modified or suspended according to the provisions of the SCRA. In some cases, the court may modify the spousal support order to adjust for the change in circumstances. Depending on the circumstances, court-ordered spousal support can end in Wisconsin when either spouse dies, the supported spouse remarries, or the lower-earning spouse is able to become financially self-sufficient. In conclusion, it is important to understand the provisions of the SCRA when considering spousal support in a military divorce. A lawyer or family law judge can help guide you through the process.

Related FAQs

What is a Military Divorce Separation Agreement and how do I obtain one?
Can I file for divorce without a lawyer?
What is the difference between a regular divorce and a military divorce?
What are some of the laws governing a military divorce?
How is the division of medical benefits determined in a military divorce?
Are there any restrictions on where I can file for a military divorce?
How do I protect myself and my children in a military divorce?
How is property division determined in a military divorce?
How is custody determined in a military divorce?
What is a Survivor Benefit Plan and how does it affect a military divorce?

How is spousal support determined in a military divorce?

Related FAQs

Related Blog Posts