Legal Separation for Military Spouses | DivorceNet
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If you are in the military or a military spouse, there are some additional factors that can affect your divorce.
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For instance, the process may take longer if one of you is on active duty in a remote area or have a permanent station overseas.
There are some states that have relaxed the residency requirements for active duty service personnel who want to file for divorce in the state he or she is stationed.
Besides understanding the basic divorce process, military couples should be knowledgeable about the role of the Uniformed Services Former Spouses' Protection Act. While states have always had the authority to treat retirement and pension plans just like any other marital asset, the USFSPA permits the states to classify military retired pay as property, as opposed to income. In order for the military to provide direct retirement payments to an ex-spouse, the couple must have been married 10 years overlapping with 10 years of service.
For example, if you were married for 12 years, and one spouse was in the military for seven of those 12 years of marriage, the other spouse would not be entitled to a direct payment from DFAS. If you were married for 12 years, and one spouse was in the military for 10 of those 12 years, the other spouse would be entitled to a direct payment from DFAS.
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Depending upon the state's date of division, the amount of time you have been married may be judged by different criteria. This means that Texas may view you as being married nine years, while California considers you having been married 10 years.
Not qualifying for the DFAS direct pay does not mean you are ineligible to a portion of the payment. In order to receive your portion, the criteria would need to be included as part of the divorce settlement agreement. Keep in mind that the award of military retired pay may be in addition to child support, and alimony or maintenance. Once the order is filed with DFAS, it will take three months 90 days for the direct payments to begin if the ex-spouse is already receiving their pension.5 things you should know BEFORE dating someone in the Military
In the situation of active military members, the payments will begin 90 days after the newly retired member becomes entitled to receive their first payment. Calculating the Marital Share for Active Members There are different methods of calculating what percentage of the pension to which ex-spouses are entitled.
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The document filed with the court will need to clearly state the formula used to derive the amount of payment. Again, the length of the marriage will come into play.
For example, some couples may belong to a religion that prohibits divorce. Others may want to keep health insurance in effect for their spouse, which would normally terminate after a divorce. You can only remarry if you obtain a divorce.
- Legal Separation for Military Spouses
- What To Know Before Dating A Man In The Middle Of A Divorce
However, the process for legal separation is almost identical to a divorce; you must obtain a court judgment regarding all of the issued you would have to decide in a divorce: One key difference between civilian separations and military separations is that in most states, civilian spouses who are separated or legally separated can date someone other than their spouse without violating any laws.
But, if a military spouse dates someone other than their spouse before being legally divorced, they risk being charged with the crime of adultery.
As stated above, the only way to end your marriage is through divorce. How Military and Civilian Divorce and Separation Differ Military divorce and separation issues are fairly complex because they may be governed by a combination of military codes, state divorce laws and Federal statutes. In contrast, the laws of the state in which the divorce proceeding is filed usually the state where one of the spouses has resided for the requisite period of time will govern how the divorce proceeds and how most of the divorce-related issues are decided, including child custody and visitation, child support, alimony and the division of certain property and debts.
Why You Need a Civilian Lawyer Although many of the laws applied in a military divorce will be the same as those in a civilian divorce, there are still some major differences, so you should hire a civilian lawyer to represent you in your divorce.