Though divorce is a complicated time for anyone going through it, it can become especially daunting when one or more parties of the divorce is a member of the armed services.
At Goldman & Associates Law Firm, we’d like to help you better understand the military divorce process and how it can differ from a civilian divorce.
Pensions
The Uniformed Services Former Spouses Protection Act (USFSPA) governs the division and collection of military pension benefits should a divorce occur. In some states, up to 50% of the military member’s retired pay may be awarded.
However, it’s important to remember that just because you married a member of the military, it doesn’t mean that you are entitled to this amount. Splitting retirement pay is not mandated by the USFSPA.
Instead, an expert military divorce attorney can help you calculate what you’re eligible to receive and petition for it in a court of law.
Former Spouse Benefits
Depending on the length of your marriage, a military spouse may be eligible for the continuation of certain benefits. This is known as the 20/20/20 rule.
Under USFSPA, one or multiple of the following must be true:
- A twenty-year overlap of military service and the marriage occurred.
- Your marriage lasted for a minimum of twenty years.
- The military member in question completed a minimum of twenty years of service for retired pay.
Expert Legal Help
There are several other considerations to think about when entering a military divorce, including but not limited to child support, wage garnishment, property division, spousal support, child custody or visitation and even paternity.
At our law firm, we’ve helped hundreds of people just like yourself experience the best outcomes possible during a Michigan military divorce. With decades of experience under our belt, we’re confident that we can help you reach your desired outcome.
If you’d like to learn more about what we can do for you and your family, we’d love to speak with you.
Call our law firm today to schedule your free, no obligation consultation at (248) 588-3333.