The end of a relationship is traumatic, but yours may be more so if your service member spouse has abandoned you. The legal team at Clement Law Center has an in-depth knowledge of military family law, and we often provide advice to military spouses who find themselves in this position.
Military OneSource reports that a service member who leaves his or her spouse without the intention of returning to the relationship still has marital responsibilities, including a financial support obligation.
Receiving an allotment
You may be able to receive the portion of your spouse’s paycheck to which you are entitled through involuntary allotment by going to a civilian family court and requesting a court order to garnish your spouse’s wages. If you can discuss the matter with your spouse, you may want to ask him or her to voluntarily set up an allotment through the financial office instead. However, in this case, the spouse has the ability to put a stop to the payments at any time.
Receiving benefits
While you are still married, you continue to be eligible for all the benefits you have had as a military spouse. You get to keep your military ID card and have access to all the privileges it provides, and you keep your medical benefits, too. Even though your spouse no longer lives with you, you still should be able to receive a portion of his or her housing allowance. You also have the right to use any of the support services available on the installation, including child care facilities.
More information specific to military family law matters is available on our webpage.