Rights and Benefits for Abandoned Military Spouses

We have created the information on this website to educate and inform service members and their families on their personal legal affairs. Nothing contained on the website is a substitute for the competent legal advice of a licensed attorney. Service members and their families seeking legal advice should consult the staff of the nearest installation legal assistance office.

Family law defines abandonment as the act of deliberately leaving one’s spouse without consent (or notification, in many cases) with no intent of returning. If your service member spouse has left you, know that you have rights and are entitled to support.

It’s important to remember you’re still technically married if your service member spouse abandons you and your family. That means you’re still entitled to military benefits. Although there are several ways to get the financial support you may be entitled to — including court orders and using the service member’s chain of command — each service has its own regulations that may apply to your circumstances.

If you are an abandoned spouse, or have questions about separation and divorce, as a service member or a spouse of a service member, you are entitled to free legal assistance services. You can contact a military legal assistance office for free legal advice.

Your military benefits

The military benefits you’re entitled to as a military spouse include, but aren’t limited to:

• Financial Support — Depending on the circumstances, you are likely entitled to financial support from your service member spouse. The amount will vary based on your unique situation. Contact the local military legal assistance office for free legal advice, or your spouse’s chain of command.

• Military ID card — Your service member cannot take your ID card away, and you can continue to access the privileges your ID card provides, even if your spouse leaves you.
• Medical benefits — You’re still entitled to medical benefits through your service member, even if you’re estranged, for as long as you stay married.
• Installation support services — You have access to child care facilities on the installation and to counseling services, including military legal assistance attorneys who can help you work through divorce proceedings.
• Chain of command — Access to the installation includes access to the chain of command to help find and receive support from your spouse.

Military policies regarding abandoned spouses

Each service branch has policies that require service members to support family members upon separation if there’s no agreement or court order. Here’s a summary of each service’s policy:

• Army — AR 608-99: Family Support, Child Custody and Parentage Fact Sheet
• Marine Corps — Chapter 15 of Marine Corps Order P5800.16A, “Marine Corps Manual for Legal Administration”
• Navy — Chapter 15 of Naval Military Personnel Manual 1754-030, “Support of Family Members”
• Air Force — Air Force Instruction 36-2906, “Personal Financial Responsibility”

It’s important to keep these details in mind:

• These policies are designed to be temporary measures, so you may be better off seeking a court order for temporary support and maintenance.
• Your spouse could be punished under Article 92 of the Uniform Code of Military Justice for violating a lawful general regulation if they fail to pay support.

• The service member’s financial support obligation may be waived under certain circumstances if there’s no court order — for instance, if the spouse’s income is higher than the service member’s or if the service member was a victim of domestic abuse.

Other options to consider

You could try to get an allotment for financial support:

• Voluntary allotment — Avoid going to court by asking your spouse to set up a voluntary allotment with the financial office, which will automatically distribute a set amount of your spouse’s pay to you. Since this is a voluntary process, your spouse can elect to change or stop the allotment at any time.

• Involuntary allotment (also called a garnishment) — The military cannot deduct money from a service member’s pay without their consent unless a civilian court orders a garnishment or involuntary allotment. If you get a court order, your spouse cannot stop or adjust the allotment.

Remember that as a military spouse, you have certain rights and benefits to help you through this challenging process. Knowing your rights and benefits can help you protect yourself and your family.