In order to know all about military divorce, you first need to know what it actually is. In literal terms military divorce is a type of divorce in which both members who are about to get divorced belong to a military background. These divorces are different in a way that they require legal separation agreements. In addition to that there is a military divorce attorney hired for the purpose to make further settlements. This is what makes it a way more different divorce than normal ones. These divorces are not that complicated but there is a certain list of rules and regulations that needs to be followed properly. Following includes all information about the military divorce.
Military divorce is regulated by laws of federal and state too. Generally, the serving members of the forces are saved from any difficult proceedings so as to save their time, also not to distract them from defending the nation
The Uniform Services Former Spouse Protection Act
The USFSPA plays its role for the purpose. Through its Defense Department it enforces orders where it distributes military pay to a spouse or ex-spouse. The division of military pay is not compulsory during the span of divorce. In addition to this, the espouse would be awarded some portion of the military pay as his property
All members of military forces are to support their children in all ways. This also implies to protecting their spouses. The child support must not exceed sixty percent of his/her pay
Following benefits are associated with a military divorce under the USFSPA.
- The former military spouse gets eligible for full medical and other privileges. This too is on conditional basis.
- The benefits get terminated if the spouse gets married again
- The benefits get revived on condition if the subsequent marriage ends in a divorce
Majority of the states give permission to the militant to file a divorce in an area where the military member is posted. There are three choices for the military member when it comes to a point where he has to file for divorce. These Include:
- The state where the spouse lives. This is the spouse who wishes to file a divorce
- The state of residence of the military member
- The state of legal residency as claimed by the military member
Division of Property
Usually the division of matters like assets and liabilities is controlled by the laws of state. The matter is mostly dealt by the USFSPA. This act authorizes the payment of military members’ income to his spouse and other members.
The SCRA Act
The Service Members Civil Relief Act is more of a relief for the military member as it saves him from all the hassle of divorce proceedings so that he may dedicate his time and energy for the service of his nation.
In all situations the best way is to hire a military divorce attorney who could settle all the legal separation agreements.