Military Divorce can be a complicated process for both enlisted members and their spouses. You owe it to yourself and your children to understand the process.
In terms of the law, military members are not any different from non-enlisted couples when it comes to divorce. There are some additional details to consider that could affect your divorce.
The divorce process could take longer than normal if you or your spouse happen to be on active duty in a remote area or overseas. Considerations of Military Retirement Pay and Pensions, as well as the Uniformed Services Former Spouses’ Protection Act should be reviewed and discussed.
UNIFORMED SERVICES FORMER SPOUSES’ PROTECTION ACT
The USFSPA provides a federal statute for the military, guiding them to accept state statutes on addressing issues, such as child support, spousal support and military retirement pay/pension. In order for a former spouse to receive a portion of the member’s military retired pay, it must be awarded as property in the final divorce decree. In non-military divorces retirement pay is considered as any other marital asset, it is under the USFSPA that retirement and pension plans are reclassified as property instead of income. The 10/10 rule governs the eligibility for this pay.
Other considerations such as TRICARE, Commissary, and Exchange Privileges should also be discussed so that former spouses understand their rights and entitlements after a marriage ends.
WE’RE ON YOUR SIDE
Military families serve our country with distinction and you deserve legal representation that understands your challenges. Entrust an experienced firm that truly cares about clients, with the challenges of military divorce. Contact Kirkland & Sommers, online or call (937) 853-5555.