Dividing Assets And Debts In A Military Divorce


Debts are divided, in Alabama, based on equitable division. It is not a community property state. Community property is basically split 50/50. Alabama is an equitable division state, so the judges start at 50% and then, based on fault and the facts of the individual case, can give up to 100% to one spouse. The date of filing is important because it should lock in the time for division of debts and assets but that is state-law specific and depends on the circumstances of the case.

How Are Issues Pertaining To Division Of Assets And Debts Resolved In A Military Divorce?

In your pleadings, you can specify that there was separate property, such as an inheritance. If that separate property is not co-mingled, then your position with the judge is that it is not subject to equitable division. Separate property is an issue that you deal with in military divorces and in civilian divorces. If separate property has been co-mingled, meaning it has been used regularly for the benefit of the married couple. Then, it's subject to equitable division.

Will I Be Able To Keep My Military ID After A Divorce?

Unless you meet the 20/20/20 rule as a spouse, you're not going to continue to have a military ID. Those are only for dependents, so the children will keep theirs, as long as they're in DEERS. One issue is when you have a spouse who has sole physical custody of the kids and they have to get on base to get their children's IDs updated, but they can't get on base because they don't have access. You need someone who's dealt with this issue before and who can tell you how to get a visitor's pass and can get your child’s updated ID card.

Can I Continue To Receive Benefits Such As Housing Allowances After A Divorce?

The Basic Allowance for Housing (BAH) is dependent upon what rank you are, where you live, and other factors. As a dependent, you're not automatically entitled to it even when you're still married. Once you're divorced, in Alabama, you’re subject to Rule 32 child support. There's a calculation and you just plug in how much money the spouse makes, how much money the military member makes, work related childcare expenses, and health care expenses and the formula will provide an amount due monthly for child support. Accordingly, you will know how much child support that person is supposed to pay.

You need your lawyer to run the Rule 32 calculation, if you're in Alabama, and also calculate the service specific requirement then choose which one benefits you during the pendency of the divorce. Obviously, you want your lawyer if you're the military member to help you pay less. If you are a spouse, you typically want the spouse to pay more.

Can A Final Military Divorce Decree Be Modified?

In Alabama, you simply need to have a material change in circumstances to modify certain aspects of a divorce decree (issues that are modifiable typically include child custody issues, child support and spousal support issues but property divisions are non-modifiable in Alabama). If someone is no longer employed or they're no longer employed by the military, or they're making more or less money, those are considered a material change in circumstances. If someone goes to jail or becomes a drug addict, these factors can be used to plead a material change in circumstances to modify a previous decree. With the military, people move all the time. If you move closer to one another, you may want to get more physical custody time with your kids. You may need to try to insert a plan in the original order (if the Court will allow) for those certain changes you know are coming, so you're not having to go back to court all the time.

For more information on Dividing Assets & Debts In A Military Divorce an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (256)533-8074 today.