Military divorce is basically the same as any other type of divorce, and you should always arm yourself with a military divorce attorney when you are going through it. While this is the case, there may be special circumstances that can make divorce involving one or two military personnel more complicated. For instance, if one military spouse is serving in a remote area or overseas, the process may take a longer time. If you, or your spouse, are in the military and planning to get a divorce, the information below can be helpful to you.
Understanding the USFSPA
When you are going through the process, important that you have a good understanding of the Uniformed Services Former Spouses’ Protection Act, or USFSPA. The USFSPA requires military divorcees to abide by certain laws when they are dealing with issues such as spousal support, child support, and military pension. If you are a retired serviceman or approaching retirement, you should know that the USFSPA allows your state to regard military pension as property instead of income.
Military Pension
In order for a former spouse to be eligible for direct retirement payments, the couple has to be married and one spouse must have served the military for at least 10 years. The criteria for eligibility may vary from one state to another. The maximum portion of military pension that a former spouse can receive is 50 percent.
Determining Marital Share for Active Members
There are basically three ways to calculate the amount of payment a military divorcee will receive, and they are:
- Net present value
- Deferred Distribution
- Reserve Jurisdiction
Other Concerns
Some of the other issues that you have to be prepared to deal with when you are going through a military divorce include:
- Survivor Benefits Plan
- Thrift Savings Plan
- TRICARE
- Base Privileges
Conclusion
This is what you need to know about military divorce. Although, the divorce process isn’t different from when you are going through the normal divorce, there are a number of things that you need to consider for you to have a successful process. To have an easy time, you should hire a family lawyer who will not only represent you in court, but also advice you on what you need to do to have a smooth process.
