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How much alimony can a retired sioldier wife get from a

Customer Question
How much alimony can...

How much alimony can a retired sioldier wife get from a divorce settlement when the soldier is receiving CRDP and SSDI for service connented disabilities he married 12 years after duty for 4 yrs

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

South Carolina

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

I am retired from the Army

Submitted: 11 months ago.Category: Military Law
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Customer reply replied 11 months ago
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Answered in 32 minutes by:
9/22/2017
Military Lawyer: PaulmoJD, Attorney replied 11 months ago
PaulmoJD
PaulmoJD, Attorney
Category: Military Law
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Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Military Lawyer: PaulmoJD, Attorney replied 11 months ago

Legally, under the law there is no set amount of alimony and no statutory calculation of alimony like there is for child support. Alimony is based on the need of your spouse asking for support, her ability to support herself, her expenses, the length of the marriage and your ability to pay.

As you may or may not know, your portion of your military pension that is based only on your disability and your SSDI is exempt by federal law from seizure or garnishment, but not your regular military pension benefits. However, this does not mean that the court cannot award her an amount of support based on her needs and your total income and still make you pay. The law simply says they cannot attach the disability part of your pensions, it does not mean they cannot make you pay from your other assets.

So, in order to determine how much she would receive the court needs to look at all of her expenses, her income, her ability to work and then they would need to look at all of your available income after all of your expenses as well and would come up with some number if they believe she actually needs it. If after they look at the calculations they find your income is near her income or less than her income then she would not get any alimony.

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