If I am in the military, does my wife automatically get half of my military benefits when we divorce? There is a law set into place that protects former spouses of people who have served in the military. It is called the Uniformed Services Former Spouses Protection Act. It was enacted by congress in 1982 as a way to prove former spouses of members of the military financial protection. This law is a way for states to split military pay between the spouses in the event of a divorce.
Getting an uncontested divorce while in the military may have different difficulties or complications as opposed to getting a divorce as a civilian. This is due mainly to the fact that congress has enacted this law. Another main complication that may arise when getting a divorce in the military is determining where you should file for a divorce in Shelby County. Members of the military are often stationed in a state that is not originally their state of residence, which can be quite confusing when determining where to file for an online divorce. Generally this leaves you with two choices, you can either file for a divorce in your home state where you claim residence, or you can change your residence that you are currently stationed and living in and then file for a divorce in that state.
Your military retirement may be split if you get a divorce. Under the law, courts are allowed to split your retirement in half based on the value of your retirement fund at the time you retired from the military. Under the Uniformed Services Former Spouses Protection Act, courts can treat your military benefits as marital property which means that the funds may be split equally upon divorce. However, under the act your spouse does not guarantee that your ex spouse will receive a certain amount of your pension. The amount that your ex spouse will receive will be determined by a judge considering a number of factors. Generally the maximum amount that a judge will award your ex spouse from your military benefits is 50%. However, a judge can also order for your pension to pay child support or other fees from the cheap divorce in Calhoun County.
Another factor that may affect the amount of your military retirement that your spouse may get is how long you have been married and how long you have served in the military. The longer that you have been married, the more that your ex spouse is likely to be awarded. However, there is no set amount of time that you must have served or been married for your spouse to receive your military benefits. There are some instances where a judge would award your spouse a portion of your military benefits when you have been married for less than a year.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!