Divorce Law and the Military

Monday, May 11th, 2009

A military divorce is different from civilian divorce. It requires a special law knowledge that’s not applicable to an ordinary kind of divorce. For example, certain circumstances entitle active members of the armed forces to get a court-appointed counsel and to delay divorce.

Also, military pensions are the one divisible during military divorce, but still subject to different rules. Child support and alimony have another set of rules as well. Collecting support and calculating income may be a little bit more complicated due to regulations governing retired or active military members.

For example, familiarity with “disposable retirement income” is the key to establish support orders when negotiating with retired military personnel. Furthermore, strategizing and planning will require a good comprehension of the special rules surrounding military divorce.

It goes without saying that hiring a divorce attorney knowledgeable in military law would be best for your case. Make sure that he or she has a copy of the “Military Retirements Benefits in Divorce” book because it’s the only authoritative book explaining this topic.

Also, your attorney should also be familiar with USFSPA (Uniformed Services Former Spouses Protection Act). Aside from division of retirement, there are other vital issues that need to be addressed.

Tags: alimony, child support, counsel, disposable retirement income, Divorce, Military Divorce, Military Retirements Benefits in Divorce, USFSPA
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