Marriages sometime break down and the parties decide to separate.
While this can be a difficult situation for all involved, it is important to understand the legal and administrative implications that arise when separating from your spouse. In addition to any applicable state law, Army regulation 608-99 outlines the obligations of Soldiers in connection with such a separation.
Regulation 608-99 requires that Soldiers provide financial support to family members. Upon separating, the Soldier is required to maintain said support as outlined in the regulation. There are three sources from which the specific support obligation and amount can derive. The first is a court order. The second is a written agreement between the parties. The third is AR 608-99. Court orders and written agreements supersede the support guidelines outlined in AR 608-99. If neither a court order nor a written agreement between the parties is in place, then the support guidelines outlined in AR 608-99 apply.
Soldiers should note that commanders will order them to comply with AR 608-99. Failure to comply could result in adverse action against the Soldier. Dependents seeking support under AR 608-99 should contact the Soldier’s chain of command or the Inspector General to coordinate those efforts if unable to resolve support issues with the Soldier directly. Be advised that there are various additional aspects to AR 608-99, and there are numerous provisions, caveats, and exceptions that may apply to your specific case.
This is general legal information. As with any legal matter, the specific facts and circumstances of your case can change the overall legal analysis, so it is important to consult an attorney. The Fort Irwin Legal Assistance Office is located at building 288 on Barstow Road. The office is open Monday through Friday, from 8 a.m. to 4 p.m. Appointment can be made by calling 380-5321.