When you are going through a military divorce, spousal support can involve more than a regular paycheck. Military compensation can include different forms of pay and allowances, which can affect the income the court reviews. Knowing how these benefits fit into the process can help you understand what information matters in your case.
Here are the benefits and compensation that may come into play.
Pay and housing allowances
Your basic pay and housing allowance can both affect the income the court reviews when deciding spousal support. The Leave and Earnings Statement shows what you receive each month, including your basic pay and applicable allowances. BAH helps cover housing costs when you do not receive government-provided housing, so it can add to the compensation you receive.
Special pay, bonuses and other compensation
Special and incentive payments can also affect the income the court reviews, especially when they provide a large or recurring source of compensation. Depending on your service and assignment, you could receive payments such as:
- Retention or reenlistment bonuses
- Special-duty pay
- Hazardous-duty incentive pay
- Assignment incentive pay
The Department of Defense lists more than 60 types of special and incentive pay. The type and timing of a payment matter, especially when you receive a bonus only once rather than as part of your regular pay.
Retirement pay and post-service benefits
Military retired pay can continue to provide income after you leave active duty, which can make it relevant when you address spousal support. Depending on your circumstances, reserve or retainer pay may also affect the support calculation.
California Family Code Section 4320 directs courts to consider factors such as each spouse’s income and ability to pay when deciding spousal support. In a military divorce, those factors can include military income that continues after active duty ends.
Prepare for the support calculation
Before support is decided, review the information in the calculation and make sure it matches your circumstances. An attorney can help you examine the numbers, address concerns and identify information that needs attention. Doing this early can help you approach the support discussion prepared and avoid preventable surprises later.