What financial obligations do you have for a spouse processing a divorce?

PFC Private RallyPoint Member — Sat, 25 Jan 2020 00:25:41 -0500

Without getting too detailed I have a service member who is looking for advice.

Backstory:

Both spouses were arguing and after one left the vehicle and threatened to walk 5 miles back onto the base the service member exited the vehicle and tried to pull the spouse back into the vehicle. The spouse reported this to the service member's chain-of-command and wanted no further contact and to have no charges pressed. The chain-of-command placed the service member into a family advocacy program with an MPO separating both of them. This was the service member's first ever offence. They have only been married for 1 year. A divorce is processing now.

The service member has 0 financial obligations currently.

The spouse has a large loan, car payment, insurance, house payments, etc. They are using a joint-bank account where the spouse is continuing to remove $1000+ from the service member's paycheck, this has left the service member with only $200-300 every paycheck. Due to the MPO there is no chance of making contact with the spouse. The service member has reached out to their CO and they have said it would be "financially depriving their spouse" if the service member stopped supporting financially. The spouse has no job and is using the service member as their full income.

Is this legal?
What should the service member do further to prevent financial abuse?
Should the spouse only be allotted a certain allowance?

Thank you.

Response by LTC Jason Mackay made Jan 25 at 2020 12:55 AM

LTC Jason Mackay — Sat, 25 Jan 2020 00:55:48 -0500

AR608-99

Response by SGT Private RallyPoint Member made Jan 25 at 2020 1:14 AM

SGT Private RallyPoint Member — Sat, 25 Jan 2020 01:14:17 -0500

1. Consult legal.
2. Keeps your hands to yourself regardless of the situation (not including self defense). It will never work out in your favor.
3. Don't do anything to compromise your security clearance.

Response by MAJ Javier Rivera made Jan 25 at 2020 7:30 AM

MAJ Javier Rivera — Sat, 25 Jan 2020 07:30:47 -0500

Lawyer up like yesterday! Make sure is a lawyer with military divorce experience. Regarding finances, separate accounts ASAP. And let your friend work with his lawyer. Do not, and I say, DO NOT stick your nose on this issue.

Response by SPC Stewart Smith made Jan 25 at 2020 10:52 AM

SPC Stewart Smith — Sat, 25 Jan 2020 10:52:10 -0500

Needs to talk to a lawyer immediately. State laws will vary from military laws.
As far as I know, the stuff in both their name, as long as it remains in both their names, they will both be financially responsible for it. Get a lawyer. They're literally the only ones that can move this process forward and get him back on the right track.

Response by Lt Col Jim Coe made Jan 26 at 2020 1:13 PM

Lt Col Jim Coe — Sun, 26 Jan 2020 13:13:23 -0500

LTC Jason Mackay provides great advice. The distribution of debts, that is who has to pay for what, will be sorted out in the future divorce decree. Separate finances as soon as possible. Open a separate checking account. If Army regs allow, have the SM's pay check sent to that new account. Pay bills for which the SM is responsible directly to the loan company, bank, or credit card company. Do not pay through soon-to-be-ex-wife. Possibly consider paying long term debt, such as a mortgage, by allotment from military pay. From the creditor's point of view, both spouses are equally responsible for payment of a joint account unless a court order says otherwise. If no kids are involved, then a good lawyer should be able to get the service member no or very little alimony payment. If alimony is assessed by the court, pay it on time every time thus reducing the overall pain.

As soon as the SM gets a lawyer, make all communication to the spouse or spouse's lawyer through that lawyer. Never be physically near the spouse without a witness present and preferably in the presence of your lawyer. Never touch the spouse in any way, at any time, for any reason.

In some states, if the marriage is less than an year old, it may be annulled. This may be a less painful and complicated course than a divorce. The SMs lawyer can advise on this subject.

Response by SSG Sidney Galloway made Jul 5 at 2021 4:18 PM

SSG Sidney Galloway — Mon, 05 Jul 2021 16:18:07 -0400

1. New Direct Deposit for the SM. 2. BAH for the spouse. Additional blathering is irrelevant.