Military Divorce Lawyer
Deciding that it is time to get a divorce is one of the most difficult decisions that a person can make, and while it is often the best solution for a couple is facing severe differences, it doesn’t make the decision any easier. When you add on the factor that your spouse is part of the military service desk and even more confusing and it can feel like navigating the divorce process is too overwhelming.
When you add on the complexities of military benefits and pensions on top of everything else that is handled during the divorce case, it can make the already complex process even more difficult. The laws are going to vary from state to state and that is why hiring a lawyer is often in your best interest to make sure that you get everything you need and there are no mistakes during the process. They can also help clear up some of the most common military divorce misconceptions out there.
The Former Spouse is Entitled to Half of Their Military Spouse’s Pension
One of the biggest misconceptions surrounding military divorce is that the former spouse is entitled to half of their military spouse’s entire pension following the divorce. The truth is the amount of the pension that the spouse receives in the divorce depends on the amount of time the couple was married while the service member was serving. It’s important to note that this is not guaranteed and the amount of the military member’s pension that the spouse may receive after divorce is going to depend on the couple’s unique circumstances and how assets are divided.
The Spouse That Isn’t a Service Member Will Lose All Health and Commissary Benefits
One of the biggest concerns for non-military spouses is that they will lose access to health coverage and commissary benefits upon divorce. While this can happen in some cases, the answer is more complicated and the really depends on the marriage. The truth is this decision isn’t even up to the court as there is a strict 20/20/20 rule that applies when it comes allocation of benefits from military personnel and their family members.
Military Spouses Will Not Receive Custody of Their Children
Many service members worry that because they’re in the military will reduce their custody rights following a divorce. The truth is that military service members have the same rights as every parent to fight for custody of the children and are treated exactly the same. While deployment and transfers are part of life for military members, it does not mean that they will not receive custody during the divorce. It all comes down to who can provide a better life for the child or children in question.