Military divorce entitlements

How are military benefits divided in divorce? What are my rights as a military spouse? This state retains the power to divide the military pension. Military spouses determining their military benefits after divorce face a complex process of understanding both civil code and military regulations.

It is best for spouses to familiarize themselves with these matters before getting divorced , if possible, and to seek legal counsel for assistance.

In addition, there are federal laws and military regulations that apply to benefits that military spouses are entitled to receive. Unlike a civilian employer, the military offers some continued benefits to former military spouses after a divorce , provided that certain criteria are met. One of the most common questions I am asked is if the former military spouse has any entitlement to the service member’s retirement. While many people are aware that spouses are entitled to half of the pension if they were married to the service member for years,.

In order for the military to provide direct retirement payments to an ex-spouse, the couple must have been married years overlapping with years of service. For example, if you were married for years, and one spouse was in the military for seven of those years of marriage ,. Uniformed Services Former Spouse Protection Act. Many issues arise when a service member and his or her spouse decide to get a divorce.

No, there is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. A former spouse must have been awarded a portion of a member’s military retired pay in a State court order. Your divorce decree will divide many different types of property – real estate, personal property and money. In military divorce, the Uniform Services Former Spouse’s Protection Act (USFSPA) recognizes the right of state courts to distribute military retired pay to a spouse or ex-spouse and provides a method of enforcing these orders through the Department of Defense. The military entitlements you received because your wife serves in the Army, Navy, Coast Guar Marines or Air Force are tangible, valuable benefits you “earned” by your intangible support of your spouse.

You (and any children the two of you have) retain those benefits through separation and even through divorce. Her commanding officers know this, even if she does not. As such, they are not benefits which a judge may award or a military member may threaten to withhold.

Benefits During Separation. The divorce court can give the non-military spouse whatever share of a military pension that it thinks is fair. As a proud United States Air Force veteran, I understand the legal intricacies that you will face as an active duty service member during your divorce or child custody case.

Central Florida is home to many military stations yet the Courts are not familiar with the unique issues that come up during these cases. Everyone filing for divorce is required to file a Military Affidavit declaring whether one or both spouses are members of the military and if so, if they are on active duty. I am looking to start Divorce proceedings and my only worry is what my spouse would be entitled to? I have a business, house and assets that were all mine prior to marriage and a considerable pension would she be able to claim any?

When it becomes clear that the separation is going to last for some time or that the next likely step is divorce, a couple may enter into a “separation agreement,” which is a written agreement that spells out how the couple wants to handle certain issues during their separation, including child custody and support,.

Some believe it requires a couple to be married for years before a spouse has a right to any portion of a servicemember’s military retirement. If, on the other han the spouse or former spouse submits the order for SBP coverage, then the deadline is one year from the date of that SBP order. This is done with a “deemed election” request letter. This can be a former JAG officer, a retired military lawyer, a Reservist or National Guard attorney, or a legal assistance attorney at a military base.

The USFSPA is the federal law that permits the award of military retired pay in a divorce. Unlike most spouses, those married to members of the United States military have the federal government in their corner if they divorce. For a Georgia court to hear a military divorce , the residency requirement must first be met. A divorce can be filed in Georgia if either spouse lives in the state, the military member is stationed in Georgia or if Georgia is the legal residence of the military member. In summary, on divorce , the aim is to divide the assets fairly.

Fairness does not necessarily mean an equal division. The Court is under a duty to consider all the circumstances of the case and in particular the Section Factors and apply these to the particular case.