Military Divorce

If you have only been married 4 years and separated for a good portion of that time, you may not be entitled to alimony in court. You may want to schedule an initial consultation with an attorney and find out more about whether you are entitled to alimony.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

If you do not have a written court order or agreement between you and your spouse for spousal support and your divorce is not final then AR 608-99 is the support guideline that is followed.

The required support is BAH II w/ dependents… BUT… it is divided by the number of dependents. So let’s say he has 2 children from a previous relationship and you that he has to support, you take the BAH II w/dependents amount for his rank and divide it by 3… that is the amount of monthly support you are entitled.

You honestly need to make an appointment at the closet JAG Legal Assistance Office and have them write a letter to the Commander on your behalf. Once they have all the facts from you (which can change the formula) they can properly assist you with any past due support under AR 608-99.

If you have already done this in the past and you are still unsuccessful, then collect copies of all your past attempts and contact the post Inspector General’s Office.

I’m trying to get my spouse to agree to alimony. We have no kids have been married for 4 yrs some change. He has in the pass neglected to give me even the support that the army set a side for me. I had to write 2 complains to his commanding officer to get that. We have been separated for sometime now and he wanting a divorce which is fine but he was and is the provider and he does not want to give me any thing after the divorce. I’m disable and can’t work what can I do , please help?