November 18, 2013
-
Military Divorces Issues: Kids, Spousal Support and Pensions
The end of a marriage is frequently a sad, painful and difficult time. For military spouses, the complexities of military divorce are compounded due to the intricate details and difficult fact patterns surrounding military life and military pay and benefits. Military divorces, however, do not have to be any more painful and daunting than civilian divorces. It is important for military spouses to understand some of the basics of military divorce in order to protect their rights and transition out of the marriage as smoothly as possible.
As many stories on the matter often discuss, there are three items that repeatedly come up in military divorces: kids, pensions and spousal support. Military lifestyle and the way military personnel are paid and receive benefits all play into each of these issues. For spouses navigating a military divorce, each one of these issues will need to be discussed and decided.
Military Divorce & Child Custody
If a military marriage produced children, a parenting plan will have to be established, as well as child custody and child support. In many military families pre-divorce, one spouse has taken care of the children while the other has been deployed for duty. In these cases, especially if the military spouse is still on active duty, and is often deployed, child custody may not be an issue because a judge would likely award the stay-at-home spouse either primary or sole custody.
Additionally, the issues of child support in these cases may be more readily determinable considering that one spouse will primarily care for the children and need funds from the other to do so. It is important to note that a judge would always look to the best interests of the children in signing final orders for a parenting plan and child support. Not considered is the best interests of either spouse, or what she or he simply thinks is fair.
If the child is located overseas, or the spouse has been deployed for a lengthy amount of time, additional issues may arise in establishing child support, custody, and a parenting plan. For example, if a child has resided in Germany habitually, then a German court would have jurisdiction over the child, not a Virginia Court, even if the child is a U.S. citizen and born in Virginia.
Spousal Support Issues in Military Divorces
The second item that often comes up in military divorces is spousal support. In military marriages, one spouse often stays at home while the other spouse is either deployed or is training or studying. Frequent domestic or international moves, and the grueling schedule of a military spouse, also contribute to one spouse’s unemployment status. For this reason, a military spouse may be required to pay spousal support until the other spouse can finish his or her education and become gainfully employed.
Military Pensions After Divorce
Lastly, and perhaps trickiest, is the issue of the military pension. Pensions vary in value, but it is important to understand exactly how much is at stake when decided how it will factor into property division. Service members may have a Roth IRA and Thrift Savings Plan that will need to be taken into consideration during the divorce, as well as a military retirement pension. Under the Uniform Services Former Spouses Protection Act, military pensions are treated as marital property, to which non-military spouses are entitled to one-half if the marriage lasted for 10 years. Of course, it is important to note that the pension plan, like most things in a divorce, is up for negotiation between the parties.
Kids, spousal support and pensions, while frequently flagged, are by no means the only issues to be worked out in a military divorce. If you are planning to get a military divorce, you should seek out the assistance of an experienced military divorce attorney, who can fully help you understand your rights and what you are entitled to. Contact the experienced attorneys at Garrett Law Group, PLC today for a confidential consultation.