Examples of Problems You and Your Spouse Need to Address During a Military Divorce
Key Points
  • If you have questions about your rights and responsibilities, make sure you contact an attorney who specializes in military law.
  • If you are married to a military servicemember and you are not military, you may or may not be entitled to certain benefits in a divorce. It is very important to know what sources of income the servicemember is receiving to understand what you may be entitled to in a divorce.
  • Make sure you ask questions, read everything you can and educate yourself regarding the specifics of a military divorce.

While a similar group of questions (below) could be asked of any of the factors that are, involved in military divorces, the following will serve as one example that illustrates your need to know how your divorce will be affected by the USFSPA.

Is the military spouse a member of the Reserve or National Guard? Do you know how military retired pay is divided when the pay is based on the points earned by members of the Reserve and Guard Forces? Or a combination of active duty and inactive duty? How the calculations are made and when? If not, you need to educate yourself. (If your attorney cannot answer these questions off the top of his head, then you really need to educate yourself in this area, or you will be spending a lot of money for him or her to get up to speed.)

If you live in an area where there is no military presence, then finding an attorney who knows about the USFSPA may be a problem. Your attorney’s knowledge of this law must be the cornerstone of your representation; if it is not, you may end up paying thousands of dollars more than you should because your attorney is not experienced in this specialized area of family law, and you end up having to "educate" your own attorney at your expense.

If you are the non-military spouse, do you know what benefits you will be retaining and which you will be losing upon divorce? Couples may need to negotiate the monetary loss of federal benefits. The spouse needs to be aware of all sources of income for the active duty service member, such as special pays.



Useful Online Tools
  • Military Divorce Online - With this online software you will complete and instantly print your divorce forms and step-by-step filing procedures to file your own divorce in a timely, professional, and hassle free fashion.
  • Divorce Negotiation Online - You will be surprised how easy it is to resolve your disputes through our innovative Divorce Negotiation CenterTM. It's FREE. Give it a try.

Suggested Reading
Divorce & the Military II Divorce & the Military II
DIVORCE AND THE MILITARY II is the newly published comprehensive guide for military members (active duty, reserve/guard, and retired), spouses, and their attorneys, on the Uniformed Services Former SpousesŐ Protection Act (USFSPA). The USFSPA is the federal law that permits the award of military retired pay in a divorce.

Author: Marsha L. Thole and Frank W. Ault


Recent Related Blog Posts
    All Military Blog Posts

Related Article Archives
International Issues
    All Article Archives

Related Categories
Child Relocation
Pensions & Divorce
    All Categories
Related Forums
Child Removal
DIY Divorce
Infidelity
Military Divorce
Pensions
    All Forums

Resources & Tools

Bookstore Promotion Discount

Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.
   
OTHER BENEFITS -- Under the Uniform Services Former Spouse Protection Act (USFSPA) a former military spouse is eligible for full medical, commissary and exchange privileges when 1) the marriage lasts at least 20 years, 2) the military member performs at least 20 years of service creditable for retired pay, and 3) there is at least a 20-year overlap of the marriage and the military services. If the spouse remarries, eligibility for benefits is terminated. The benefits are revived if the subsequent marriage ends in divorce.
Start Divorce

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Featured Book Divorce & the Military II

Divorce & the Military II

Divorce & the Military II

 

Featured Download A Guide to Child Support Enforcement Against Military Personnel

A Guide to Child Support Enforcement Against Military Personnel

A Guide to Child Support Enforcement Against Military Personnel

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site