Question about military retirement and support

[MJA89]

What is the name of your state (only U.S. law)? FL

My STBX and I are in the discovery phase of a divorce right now. It's a 20 year marriage, she has hardly worked- has a "home business" for which she claims no income. I am career military. We will meet the 20/20/20 rule for military benefits as well as splittiing my retirement.

I realize that and expect to pay support, both rehabilitative and permanent. I do not plan to retire from the military for the next year or so. Here's my question- Since the retirement is actually a monthly payment which is adjusted for cost of living annualy, can it replace the permanent alimony (ie, my support payments go down the same amount as the monthly retirement payment)?

 

[LdiJ]

What is the name of your state (only U.S. law)? FL

My STBX and I are in the discovery phase of a divorce right now. It's a 20 year marriage, she has hardly worked- has a "home business" for which she claims no income. I am career military. We will meet the 20/20/20 rule for military benefits as well as splittiing my retirement.

I realize that and expect to pay support, both rehabilitative and permanent. I do not plan to retire from the military for the next year or so. Here's my question- Since the retirement is actually a monthly payment which is adjusted for cost of living annualy, can it replace the permanent alimony (ie, my support payments go down the same amount as the monthly retirement payment)?

Yes, but it has to be structured properly in the agreement. Spell out the details.

 

[mistoffolees]

Yes, but it has to be structured properly in the agreement. Spell out the details.

I'm not sure OP understands the issue.

STBX's share of the military pension is actually a property division issue.

Spousal support is a different issue entirely. It is quite possible for stbx to be getting half of the military pension AND receiving spousal support. A lot depends on whether OP has other sources of income or not, but it is not correct to simply say "she's getting half of my military pension so that will cover spousal support".

 

[MJA89]

Oh, I understand that the military retirement is a property issue. My question is, since support is tied to my X's ability and available resouces to support herself, will the retirement income be considered in that formula? It is a set amount gauranteed and will be insured with the survivors benefit program, paid for by me from my 1/2 of the retirement. Yes, that does mean that even though it's a 50-50 split of the gross amount, the serving member (me) will be getting less than half in order to continue to ensure the X gets her half even if I die due to service-related injuries before her. It is and will be, in fact, monthly income for the rest of her life.

 

[mistoffolees]

Oh, I understand that the military retirement is a property issue. My question is, since support is tied to my X's ability and available resouces to support herself, will the retirement income be considered in that formula? It is a set amount gauranteed and will be insured with the survivors benefit program, paid for by me from my 1/2 of the retirement. Yes, that does mean that even though it's a 50-50 split of the gross amount, the serving member (me) will be getting less than half in order to continue to ensure the X gets her half even if I die due to service-related injuries before her. It is and will be, in fact, monthly income for the rest of her life.

Well, if you die before her, that will be the least of your worries.

Retirement income will be included in each of your income for purposes of calculating support - but only when either or both of you start collecting.

 

[LdiJ]

Well, if you die before her, that will be the least of your worries.

Retirement income will be included in each of your income for purposes of calculating support - but only when either or both of you start collecting.

That's assuming that they do not come to an agreement NOW as to how it should be handled. They are perfectly free to agree (if she agrees) that she will receive alimony/spousal support only until the military retirement kicks in, or that she will receive a lesser amount of alimony/spousal support when the retirement kicks in.