Common Issues in Military Divorce

Posted by in Divorce on May 4, 2017

Common Issues in Military Divorce

Military divorce is a divorce process wherein one or both spouses are in the military. It is an important distinction from civilian divorce because there are different legal issues that may arise if a person from the military has been involved.

According to the website of the San Antonio military divorce attorneys of Higdon, Hardy & Zuflacht, there are special rules and requirements that make a military divorce a substantially different experience than a non-military one.
For example, military members have the right to finish their services before the divorce proceedings. This is to ensure that they are not distracted and can fully commit to their military duties. However, they can waive this right and start divorce proceedings as well. This right does not exist in non-military divorce.

Jurisdiction

Civilians can go to the courts of where they currently reside, but military members may be required to go to the courts of where they legally live or where they are stationed to, and this will depend on state laws.
This is an important difference because both the federal and state government can affect the legal issues of military divorces, including pension plans, division of assets and liabilities, and alimony.

Division of Benefits

Military pensions are just like civilian retirement plans, in a way that both are subject to being divided upon divorce. Depending on the state, military pensions can be considered a community property, wherein the ex-spouse may be eligible to receive a part of the pensions, or a sole property of the military member, wherein he or she may be able to keep the pensions on his own.

Spousal and Child Support

Military members are not exempted from spousal and child support upon divorce, but what counts as adequate support may vary from service-to-service. For example, the Naval Personnel Manual counts a third of gross pay as adequate support for a spouse without a child and a half of gross pay for a spouse with a minor child.

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