Getting a divorce when one or both spouses are in the military can present some unique challenges. If one spouse is on active duty and stationed overseas, the process may take a lot longer than usual. Since there are different divorce laws in Texas than there are in California, where a military spouse is stationed when separating also matters. In some states, there are relaxed residency requirements.
Military couples should learn as much as they can about the Uniformed Services Former Spouses' Protection Act before going through a divorce. Military guides explain that states get to decide issues related to child and spousal support, custody and a variety of other issues. The USFSPA does provide some important exceptions related to asset division, including the classification of retiree pay as property.
There are several different methods for calculating how much retirement pay a military spouse is entitled to after a divorce. Many factors come into play, including the length of a marriage and whether or not the military member was a reservist. Military members should stay on top of what their current benefits are and help their spouses understand what they may be entitled to after a divorce.
In order to make a military divorce as smooth as possible, all parties involved should obtain legal representation. With support and guidance from an attorney, ex-couples may be able to arrange mediation and resolve their differences amicably. In cases where this isn't possible, an attorney can use the resources at their disposal to protect the parental and financial interests of their client. An experienced lawyer will stay up to date on how all military benefit plans may be distributed.