Military Law and Divorce
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By Sharyn T. Sooho
Published: August 4, 2005 |
Divorce and the military require a special knowledge of laws not applicable to civilian divorces. For example, federal legislation entitles active members of the armed forces to delay a divorce and to court-appointed counsel in certain circumstances. See the Servicemembers Civil Relief Act .
Military pensions like their civilian counterparts are divisible in the event of divorce, but are subject to different rules than the more common Qualified Domestic Relations Orders for private retirement accounts or Domestic Relations Orders for state and municipal pensions. See the US Code, Title 10, Chapter 71 - Computation of Retired Pay.
Alimony and child support are also subject to special rules. Calculating income and collecting support can be more complicated because of regulations governing active or retired members of the military. Familiarity with the definition of "disposable retirement income," for example, is key to establishing support orders when dealing with retired military personnel.
Federal law may also affect where the parties end up in court, so planning and strategizing require a thorough grasp of the special rules governing military divorce.
Choose a divorce lawyer familiar with military law or a lawyer willing to work with a consultant.
Enter your zip code or area code for military divorce professionals in your area:
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Nationwide Military Divorce Articles
- Selecting an Attorney to Handle a Military Divorce
- Benefits of Former Spouses of Military Personnel
- Fact Sheet - Former Spouse SBP (Survivor Benefit Plan)
- Common Mistakes
- The Disability Issue in the Distribution of Military Retirement Benefits
- Interviewing and Counseling Military Service and Family Members in Family Law Cases
- Calculating Military Child Support
