Division of Military Pensions & Retirement Benefits for Military Service Members or Spouses
Have you served in the military and have a military pension and are seeking to divorce your spouse? There are additional laws for military service members and their spouses that regulate the division of retirement benefits, health insurance, housing, Commissary access, and more. Since the establishment of the Uniformed Services Former Spouse Protection Act (USFSPA), retirement pay is usually considered a marital asset by the courts. But in reality, establishing the division of these assets is not so straightforward. For example, if the couple was married less than 10 years, or the spouse was not contributing financially to the marriage, these are just a couple details that are taken into consideration. A formula is often used that factors in the time a spouse was married to the service member while they served in the military. The service member who is to receive the retirement pay may also buy out the spouse if they have the means to do so.
These are complex matters that require expert legal council. We are here to advise you concerning the myriad issues to be addressed when service members or their spouses are seeking marriage dissolution. Call the law office of Jennifer Oram-Smith Family Law and we are happy to help you.
Parents serving in the military can be faced with special circumstances related to child custody. As a military service member you may have had to temporarily relinquish custody of a child due to deployment. Fortunately, the Servicemembers Civil Relief Act (SCRA) provides military members a wide range of legal protections. For example, you can not be taken to court for any civil proceedings, including divorce, child support or custody hearings while deployed.
If you are a separated or divorced parent in the military, a change of station and relocation can have a crucial impact on your custody agreement. When faced with this difficult situation you will want to have the council of a lawyer on your side.
Custody arrangements are subject to individual state laws. In 2008 the state of Virginia signed into law the Virginia Military Parents Equal Protection Act which provides many protections for military parents. We can ensure you are receiving all the protections available to you under the law.
If you are a military service member, or the spouse of one, there are facets of Virginia divorce that are specific to the military. For example, there are limits to the amount of financial support for children or spouses that can be deducted from pay.
The Servicemembers Civil Relief Act (SCRA) provides military members a wide range of legal protections not available to the general public. For example, if you are a service member, you can not be taken to court for any civil proceedings, including divorce, child support or custody hearings while deployed. Therefore, if service personnel are deployed and a spouse decides to file for divorce before they return, the SCRA law requires a stay of proceedings.
If you are a separated or divorced parent in the military, a change of station and relocation can have a crucial impact on your custody agreement. When faced with this difficult situation you will want to have the council of a knowledgeable lawyer on your side. Custody arrangements are subject to individual state laws. In some states, you would lose custody if you move, therefore it is in your best interests to have a military relocation provision stipulated in your custody agreement.
Virginia Beach Military divorce lawyer, Jennifer Oram-Smith has 30 years experience representing military service members and spouses.
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