While military personnel gets divorced for much of the same reasons as average civilians, the process is slightly more complicated. An attorney that understands the complex issues of military divorces can help you through the process much more quickly. The divorce process itself depends on the state in which the member of the military lives.
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Uniformed Services Former Spouses’ Protection Act (USFSPA)
The USFSPA provides a federal statute for the military that guides them to accept state laws addressing most divorce issues, such as child support, spousal support, and military retirement pay. USFSPA also permits states to classify a military pension as property, as opposed to income.
One of the things that complicates a military divorce is if one or both partners is on active duty. If this happens, the Servicemembers Civil Relief Act (SCRA) allows active duty services members to request a “stay” on a divorce if they are prevented from responding to court action because of their military obligations. The stay will last for 90 days, after which the court can grant another extension. If you find yourself in this situation, it is vital to make a written request for the stay, if one is required.
Military Retirement Pay/Pension
The Defense Finance and Accounting Service (DFAS) provides direct retirement payments. In order for an ex-spouse to get a direct pension pay from the military, the couple must have been married for 10 years overlapping with 10 years of service. Depending on the state you live in, the amount of time you have been married could be judged by different criteria. However, not qualifying for DFAS payments doesn’t mean a spouse is ineligible to a portion of the amount. In order to acquire that portion, it would need to be included as part of the final divorce settlement agreement. It could be separate, or it could be added to child support and alimony. The maximum amount of pension income an ex could receive 50%.
Call Our Highly Rated Attorneys Today
Military divorce can be complicated, especially since it relies on an intersection of federal and state law. If you need help negotiating the situation, contact our excellent East Brunswick military divorce lawyers today. She is a skilled negotiator who can help negotiate a parenting plan, resolve an uncontested divorce, and defend her clients aggressively in court. Our team offers caring and diligent representation that can get you results.