For military couples, relationships may seem tenuous at times. There are those couples who adapt to the changes in the lifestyle without major incidence while others cannot just handle the stress caused by military service.
Some married couples feel like they cannot simply relate as they used to do because of the distance during deployment and the danger facing military service members. These factors may contribute to divorce as witnessed by Liaise Divorce Solutions.
Military divorces are affected by the Uniformed Services Former Spouse’s Protection Act also known as USFSPA. This act states that retirement funds should be divided according to the standards of the state. Depending on where the service member files for divorce, their spouse may be eligible for a portion of their retirement pay as part of the marital property.
One of the most complicated things for most couples is where to file for a divorce. There are three options: you can choose to file in the county in which the serviceman or servicewoman is stationed, the county in which the non-service member lives or the county in which the serviceman or woman claims as his or her permanent residence.
The military service member will have to submit all the details of their monthly earning. This is because they will also have to protect their former spouse. They have to do this by providing a fixed percentage of the monthly income.
According to USFSPA, former spouses of military personnel are entitled to 50% of the serviceman or woman’s pension. If child support is also included then the spouse may claim up to 65% of the overall pension.
All the divorce cases in the military are handled in the military court. You will have to file the dissolution in the court and also prove that your spouse is a military employee. It is mandatory that you hire military lawyers to handle your case.
Military divorce is a complicated procedure. It is very important to discuss the situation with an experienced military lawyer. The attorney will advise you on how you can move forward and explain the legal procedures regarding divorce in the military.
The decision a judge makes regarding the amount of money awarded to a non-military spouse is influenced by a federal legislation in the USFSPA. The legislation referred to as Ten Year Rule implies that the division of the pension pay will depend on how long the couple was married while the military member was in service.