How Military Divorce Lawyers Help

Military divorces create practical challenges and legal issues that do not present themselves in civilian divorces.  It is important to protect your rights if you are getting a divorce and either you, or your soon to be ex-spouse, is in the military.  A military divorce attorney can help you protect your rights whether you are getting a domestic military divorce or an overseas military divorce.

Legal Problems in a Military Divorce

All of the legal problems that may present themselves in a civilian divorce apply to a military divorce that an attorney would be helpful with sorting out.  Additionally, military divorcees must consider:

• Jurisdiction: Spouses may have a difficult time establishing jurisdiction to obtain a divorce if they lack residency in a state or need an overseas military divorce.  Different states have different laws that may be more favorable to divorcing military couples.  Therefore, divorcing couples often disagree about which state should have jurisdiction.
• Retirement Pay: Federal law allows states to determine if retirement pay belongs only to the military employee or to the spouses jointly.  While up to 50% of retirement pay may become the property of the nonmilitary spouse, most states have complicated and specific rules for determining current or future distribution of retirement pay
• Disability Pay: Disability pay can reduce the amount of retirement pay that a military person may receive in the future and may, thereby, decrease the amount of retirement pay to which an ex-spouse is entitled.
• Separation Bonuses: If a military person leaves military service honorably and before becoming eligible for retirement benefits then that person may be entitled to a separation bonus.  Different states have different laws about whether a military separation bonus is the property of the military spouse or both spouses.

A Military Divorce Attorney is Important

The complicated nature of the issues described above make it important for each spouse in a military divorce to seek the assistance of a military divorce lawyer.  A military divorce lawyer is experienced with the unique issues facing military couples and can provide clients with valuable advice that critical to a favorable divorce judgment.