Military alimony follows state law, not federal military rules
There is no separate military alimony formula or military-only amount. A military spouse receives alimony under the same state law that applies to any other divorce in that state. The fact that one spouse is active duty, retired, or a veteran does not change how much alimony a court can order — it only changes which assets and income sources the court can count.
The amount depends entirely on your state's rules, the length of the marriage, both spouses' incomes, and what a judge decides is fair. A military wife in Texas will follow Texas alimony law. A military wife in California will follow California law. The military itself does not set or limit alimony amounts.
What does change in a military divorce is how the court divides the military pension and how it enforces payment. Those are military-specific issues, but they are separate from alimony itself.
Key Takeaways
- Alimony amounts are set by your state's law, not by military rules, and vary widely depending on state guidelines and individual circumstances.
- Military income (base pay, housing allowance, and retirement pay) counts as income for alimony calculations, just like civilian income does.
- A military pension is a marital asset that may be divided in the divorce settlement, separate from any alimony order.
- Military pay can be garnished directly by court order through the Defense Finance and Accounting Service (DFAS) if the service member falls behind on alimony.
- The length of the marriage and whether you have custody of children affect alimony more than military status does.
How state law determines the alimony amount
Each state has its own rules for alimony. Some states use formulas based on income and marriage length. Others leave the amount entirely to the judge's discretion. A few states have abolished alimony altogether except in specific cases.
Common factors courts consider include: how long you were married, the difference between your income and your spouse's income, whether you have custody of children, your age and health, your ability to work, and whether one spouse sacrificed education or career for the marriage. In military marriages, courts also consider whether the non-military spouse moved repeatedly for the service member's assignments or delayed their own career.
To find out what your state allows, you need to look at your state's alimony statute or speak with a family law attorney licensed in your state. The amount a military wife receives in Florida will not be the same as the amount in New York, even if the circumstances are identical.
Military income counts toward alimony calculations
A service member's military pay is treated as income for alimony purposes. This includes base pay, housing allowance (BAH), subsistence allowance (BAS), and any special pay or bonuses. If the service member is retired, military retirement pay also counts as income.
Courts do not reduce military income or treat it differently because it comes from the military. A judge will add up all income sources — civilian job, military pay, rental income, investment income — and use that total to calculate alimony under state law. The military does not exempt any of this income from alimony calculations.
If the service member claims they cannot afford the alimony amount, they must show the court their actual income and expenses. The court will not reduce alimony straightforward because someone is military; they will only reduce it if the service member's income genuinely decreased or if circumstances changed significantly after the divorce.
The military pension is separate from alimony
A military pension is a marital asset, not income for alimony purposes. If you were married during the years the service member earned the pension, you may be may have access to to a share of it in the divorce settlement. This is a one-time division of an asset, not a monthly payment like alimony.
The court divides the pension using the Uniformed Services Former Spouses' Protection Act (USFSPA) or state property division law, depending on your state and how long you were married. If you receive a portion of the pension, that money is yours to keep — it is not part of alimony and does not reduce any alimony order.
Some military spouses receive both a share of the pension and monthly alimony. Others receive only one or the other. The pension division and alimony are two separate financial arrangements.
How military pay is garnished if alimony falls behind
If a military service member stops paying court-ordered alimony, the court can issue a wage garnishment order. The Defense Finance and Accounting Service (DFAS) can garnish military pay directly, taking the alimony amount from the service member's paycheck before they receive it.
This works the same way as garnishment for any other debt. The court sends the order to DFAS, and DFAS deducts the amount and sends it to you or to the state child support enforcement agency. The service member cannot avoid this by moving between bases or branches — DFAS has access to all military pay records.
Military retirement pay can also be garnished if the service member is retired. The court must follow federal law on how much can be taken, but military retirement is not protected from alimony garnishment the way some other income sources are.
Length of marriage affects alimony more than military status
How long you were married is one of the strongest factors in alimony decisions. A 20-year military marriage will likely result in more alimony than a 3-year military marriage, all else being equal. Some states have rules that longer marriages automatically may have access to for permanent alimony; shorter marriages may only may have access to for temporary alimony.
Military marriages often involve frequent moves, deployments, and career sacrifices by the non-military spouse. Courts recognize this and may award higher alimony or longer-term alimony in military cases than in comparable civilian cases. However, this depends on your state's law and the specific judge.
If you have custody of children, that also weighs heavily in alimony decisions. A military spouse who stayed home to raise children while the service member was deployed may receive more alimony than a military spouse with no children and their own income.
What happens to alimony if the service member retires or leaves the military
Alimony does not automatically end when a service member retires or leaves active duty. The court order remains in effect unless the service member asks the court to modify it based on a significant change in circumstances.
If a service member retires and their income drops, they can petition the court to reduce alimony. The court will look at their new income and may lower the amount. However, the court will not eliminate alimony straightforward because the service member chose to retire; they will only adjust it if the income genuinely decreased.
If the service member leaves the military and takes a civilian job with higher pay, alimony will not automatically increase. You would need to ask the court to modify the order based on the income increase. Courts are more willing to increase alimony when income goes up than to decrease it when income goes down.
Frequently Asked Questions
Can I get alimony if we were only married for 2 years?
It depends on your state. Some states award temporary alimony for short marriages; others do not award alimony at all unless the marriage lasted at least 5 or 10 years. A few states have no minimum marriage length. You need to check your state's law or speak with a family law attorney in your state to know whether a 2-year marriage qualifies.
Does the military have to pay alimony directly to me?
No. The service member pays alimony to you, not the military. The military only gets involved if the service member stops paying and the court orders DFAS to garnish their pay. Until then, the service member is responsible for sending you the payment each month.
What if my ex-spouse is deployed and cannot pay alimony?
Deployment does not excuse alimony payments. The service member is still responsible for paying, even while deployed. If they cannot pay, they must ask the court to modify the order. The court may temporarily reduce or suspend alimony during deployment, but this is not automatic — the service member must request it and show the court why they cannot pay.
Can I get alimony if I remarry?
Most states end alimony if the receiving spouse remarries. Some states end it if the receiving spouse lives with a new partner. Check your state's law and your divorce decree, because the rules vary. If you are considering remarriage, speak with an attorney about how it will affect your alimony before you marry.
Is military retirement pay protected from alimony?
No. Military retirement pay can be garnished for alimony just like any other income. The USFSPA allows courts to divide military pensions in divorce, and alimony can be enforced against retirement pay if the service member falls behind.