A military divorce is a little different than divorce. Some special considerations need to be made, and people can make military divorce a little more complex than many other divorces. We’re very experienced in managing these kinds of divorces and can help you navigate this situation.
Considerations for Military Families
Many times, military families go regularly for various deployments, meaning that the non-military spouse has been unemployed or underemployed for the amount of the union because they’ve been moving around after their husband or spouse. That usually means the military partner may owe them spousal assistance because they place their own career on hold to encourage their partner and their loved ones.
Being part of this army may also affect child custody. Many courts will provide primary custody to the parent who isn’t very likely to deploy. Deployments may also restrict visitation since kids can’t see their parents in war zones, meaning that the noncustodial parent will often spend more child care because they won’t be physically accessible to take care of the kids.
Pensions and Survivor Benefits
Military pensions are also a significant factor for negotiation in a San Antonio military divorce. When someone retires from the military after serving for at least twenty decades, they get a large pension for the remainder of their life. Typically, the former spouse receives half of the pension if they had been married for at least ten decades of the service period. Nonetheless, this is negotiable. Sometimes spouses married for less time still get half of their pension. At times, spouses married for a decade nevertheless receive less than half the pension. The army will not give an ex-spouse over half of the pension, so if the court orders longer the military partner must provide that money directly to their ex.
There are cases where the military partner tries to be vindictive to stop their former partner from getting benefits. By way of example, the may retire at 19 decades, right before earning the pension. Or, they might work much longer than anticipated, delaying the time until they withdraw the pension. People divorcing service associates can write certain expectations into the divorce decree.
There’s also the question of the Survivor Benefit Plan, which pays out if the military spouse is killed in the line of duty. This can also be negotiated at the divorce so that the former spouse and kids can remain the beneficiaries.
There are different advantages that former military spouses can be eligible for. One of these is base privileges, such as the right to use the commissary. The former spouse is eligible for those if they were married into a service member for at least 20 years, they were a service member for at least 20 decades, and the union overlapped their period for a support member by at least 20 years. They keep those rights as long as they don’t remarry. Eligibility for Tricare follows exactly the exact principles, but only continues for as much as 12 months after the divorce.
Filing for a Military Divorce
Because of deployments, spouses often have a few options for the nation they decide to file their army divorce. To determine where to file, you may want to consult a lawyer to determine eligibility. Military divorces can add an extra layer of difficulty onto the challenging process of divorce, which is the reason why you want to be sure you have a fantastic legal mind on your own side.
Zarka Law Firm is experienced in managing military disputes and negotiating all of the extra complexities that come with them. Should you need help, reach out to us today.