Military Divorces are Different from Civilian Divorces

military divorceIf you or your spouse is an active service member of the military, reserve or guard, or retired military and you are contemplating divorce, there are certain factors of which you should be aware. Military couples will typically go through a similar procedural process as civilians when divorcing, but there are different considerations that must be addressed during the process. A Scottsdale military divorce attorney from the Law Office of Hope E. Fruchtman can help you understand the obligations and considerations in a military divorce.

One of the major influences on your military divorce is the Uniformed Services Former Spouse’s Protection Act (USFSPA). The USFSPA is a federal statute which guides military divorces on such issues such as child support, spousal support, and military retirement pay/pension. While the laws governing your divorce originate from your state of residence, your final divorce decree must also agree with the USFSPA ordinates. The most prominent difference between civilian and military divorces is the fact that the USFSPA permits the state to classify military retired pay as property, as opposed to income. This means that state courts can award up to 50 percent of the retirement pay to the former spouse, and the former spouse can receive that money directly from the Defense Finance and Accounting Service as long as the couple was married for at least 10 years while concurrently serving for 10 years.

This is just one aspect of military divorce influenced by the USFSPA, so you can imagine how complex military divorces can get. It is important to hire an attorney with exceptional experience with such cases, so that you can be sure your rights are being well protected. At the Law Office of Hope E. Fruchtman, our Arizona divorce lawyers are experts at both civilian and military divorces, as well as other family law matters. Click here or call us today at (480) 209-1918 to learn more about our Arizona family law services.