Legal Question in Family Law in Washington

Spouse support

AR 608-99 states that since my wife and I (legally separated / no kids) live in different states and I still draw BAH with dependents, that I must send her $684 per month for spouse support. That covers every bill she has and leaves me barely afloat. Why is that based off rank and BAH type? That means no matter how much BAH I draw ($1800 in CA, $800 in NC, $1160 in WA) I still send her $684. In no way is that fare for the soldier. We've only been married for 3.5 years and I paid for her to get settled in back in NC from CA and we split half of everything. Is there anyway to get that figure adjusted? I'm all for spouse support, but a divorce in NC takes 12 months of separation; thats way too long for her to continue with this free ride! Any suggestions?


Asked on 11/02/07, 12:36 pm

2 Answers from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Spouse support

Please contact James Cathcart in Tacoma for questions related to dissolution law and the military. He's the local expert. He can answer your questions and I recommend him highly.

You can find any washington attorney at wsba.org under lawyer directory.

Hope this helps. Elizabeth Powell

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Answered on 11/02/07, 1:17 pm
Christopher Steuart IT Forensics, Inc.

Re: Spouse support

Explaining the whys of regulations would be a complex and protracted process, and I would expect you still would not like the answer. The regulation is federal law. You could consider filing for divorce in Washington state, where if you have agreement on the terms of the dissolution you will be done 91 days after filing and service on your spouse. In Washington short term marriages generally result in no spousal maintenance or at most relatively short term post dissolution maintenance. Agreement on the terms of the decree are important, otherwise the time to decree may be close to a year (to get a trial date). I can't speak to the relative merits of filing in NC.

You might refile your question, but indicate that it would be in NC.

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Answered on 11/03/07, 9:14 pm


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