The divorce, which includes a military spouse, is called a military divorce and hiring a military divorce attorney is essential for the spouse. There are some significant points which are specially mentioned under a military divorce. These points are following:-
- The condition of spouse, whether on duty or not
- An even distribution of retirement benefits
- The calculation of child support
All the above points are taken a good care by the particular lawyers.
Complexity of military divorce
The divorce involving military spouse does not follow the civil code, but it accepts many federal laws and military regulations. Other than child support, spousal support, child custody and property distribution, military pensions and benefits are also addressed in a military divorce. The laws for the additional aspects vary from one nation to another. A good familiarization of the civil code and military regulations is necessary for the couples which apply to their unique situation. After the divorce procedure, the non-service member spouse takes a special court order to obtain the portion of the pension.
Eligibility for military benefits for spouses
The pension, medical and other military benefits are awarded to the spouse depending on the following factors:-
- The length of time of marriage
- Number of years service in the military
The privileges given to the non-military spouse can vary with the agreements mentioned in the divorce paper. Divorce lawyers suggest counter actions or precautions to their clients to get full benefit of the military regulations.
Laws deciding the distribution of marital property
The court has an equitable distribution of property law to avoid tensed and frustrating situation after divorce. The distribution is not 50/50 all the time. It depends on the unique situation of the divorce. None of the consideration of marital misconduct is done by the court to divide the property. The marital property includes all real property and personal property. Pension plan benefits as in military divorce are also included in marital property. There is also a separate description of non-marital property by both the partners during divorce agreement. Such property involves the property acquired by the couples before the marriage. The distribution of such property is uncommon. Your divorce lawyer will help you to understand well about the equitable distribution of property in order to avoid any misunderstanding between the partners.