New Bedford, MA asked in Divorce, Child Custody and Military Law for Massachusetts

Q: Can I apply for benefits and support to move out of the marital home with the kids before I file for divorce?

I am financially dependent on my husband. I want to leave. I have $500 SSDI a month. He is military active duty but stationed close by. We have two minor children.

2 Lawyer Answers
Lillian J. LaRosa
Lillian J. LaRosa
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: There is still such a thing as a Separate Support Petition and you can Motion the Court for counsel fees and child support and custody and visitation orders.

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Philip D. Cave
Philip D. Cave pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Military Law Lawyer
  • Washington, DC

A: If he is military, he is required by military law to "support his dependents."

Should you move out and you do not have a signed separation agreement, the military mandates that he must pay you a portion of his pay and allowances as support for you and the children pending the divorce. Each service has a different regulation it follows on how much money is to be provided. If he fails to do that he could end up being criminally prosecuted at court-martial. It's in everyone's best interest to work this out.

You are entitled to receive free legal assistance from a Military Legal Assistance Office located on a military base near you. I recommend you go there and talk to them. They are prepared to answer many of your questions.

A military divorce is complicated especially where there is a long term marriage and the military spouse is close to retirement.

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