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Guide to Divorce and Military Benefits

Posted by Unknown | Jan 19, 2021 | 0 Comments

guide to divorce and military benefits

If you're in need of a "guide to divorce and military benefits," Drama Free Divorce is dedicated to providing you with expert guidance. Kansas City residents from Missouri and Kansas can take advantage of our flexible financing solutions starting at $500 a month, featuring fixed costs without hidden charges, giving you complete transparency regarding pricing structure.

Drama Free Divorce was established to lessen the burden and inconvenience often associated with divorce by minimizing court appearances. Our team of lawyers is not only highly qualified but also sensitive, they understand the challenges you are facing during this difficult period in your life and provide assistance every step of the way with professionalism and kindness.

Divorce can be an emotionally taxing experience, particularly when military benefits are involved. This guide explores how divorce affects military benefits as well as discusses retirement pay distribution and ID/privilege issues after separation or divorce. We offer practical steps for successfully managing this aspect of divorce with military benefits.


What are the effects of divorce on military benefits?

Divorcing within the military can have profound repercussions for both financial and legal aspects. Impacts will differ depending on factors like length of the marriage, nature of service, and state law, so here are some key points that need to be kept in mind:

  • Spousal Support or Alimony: One of the immediate concerns should be the financial support available to non-military partners depending on their circumstances.
  • Property Division: Any assets acquired during a marriage including benefits such as healthcare and retirement pay should be divided. Understanding how this works is key.
  • Child Support and Custody Arrangements: When there are children involved, child support and custody arrangements will need to be in place, regardless of which parent is serving on active duty.
  • Military Retirement Pay: Dividing military retirement pay can be one of the more complex issues to navigate, we will address it shortly.


How should you split your retirement pay?

Divorce proceedings involving military members cannot be complete without the equitable division of their retirement pay. The Uniformed Services Former Spouses' Protection Act offers guidelines on how this should be accomplished between spouses. Below are two methods commonly employed.

  • Shared Payment: With this payment approach, an ex-spouse receives their share directly from the Defense Finance and Accounting Service. A court order must specify this division of payment.
  • Offset Method: Courts may also utilize the offset method, in which case spouses who are not members of the military are entitled to receive part of their retirement pay through offset and must secure their portion through secure by servicemembers. Unfortunately, this can be difficult for everyone involved.

To make sure that your retirement pay is divided according to law and in line with your interests, it is wise to consult a lawyer experienced in military divorce proceedings.


Can I keep my military ID and privileges after the divorce is final?

Service members often grant their spouses military IDs and privileges such as access to healthcare and commissaries, which may remain after divorce based on certain criteria such as years of service accumulated by both partners. These privileges may even continue after separation!

  • 20/20/20 Rule: After divorce, military members can keep all their benefits intact by fulfilling the 20/20/20 Rule. This rule states that couples must have been married for 20 years while both the service member and themselves have served for 20 years in total.
  • 20/20/15 Rule: If your marriage and military service meet the 20/20/15 rule (at least twenty years and fifteen years respectively), and only have an overlap between marriage and service of fifteen years or less, then limited healthcare benefits will continue for another year.

Understand these rules before entering negotiations for your divorce terms as they can have a major impact on future ability to access military benefits.


Why hiring a divorce attorney is preferable over going it alone?

Divorce can be an intricate process in the military setting, which makes having legal advice essential. Hiring a divorce attorney often presents the best solution.

  • Experience: Divorce attorneys experienced in military divorce understand the specific nuances associated with it, including USFSPA regulations and unique challenges faced by service members.
  • Negotiation Skills: Attorneys have the legal expertise to advocate on your behalf and negotiate a fair agreement when it comes to property division, child custody arrangements, or spousal maintenance payments.
  • Legal Protection: Legal professionals provide assurance of future complications by meeting all legal requirements and safeguarding your interests.
  • Emotional Support: An attorney can be invaluable during times of emotional strain.


When is the ideal time to hire an attorney?

Timing is key when it comes to divorce proceedings. Seek legal advice as soon as you decide on divorce and consult an attorney as soon as you decide it's necessary. An attorney will help prepare for court or negotiation proceedings by helping with document preparation and strategizing.


What criteria should be met when searching for an attorney?

Your attorney choice can have an enormous impact on the outcome of your divorce proceedings, so when selecting legal representation you should carefully consider several criteria:

  • When hiring an attorney who specializes in divorce cases involving military personnel, experience is invaluable.
  • To gauge an attorney's repute, review online reviews, get referrals from friends or contacts within their field, and reach out to local bar associations.
  • Communication is of utmost importance. Choose an attorney who listens carefully and keeps you up-to-date.
  • Compatibility is at the core of a healthy attorney-client relationship. You should feel at ease communicating with your attorney.


Why Choose Drama-Free Divorce?

At Drama-Free Divorce, we understand the unique challenges service members and spouses of service members are up against when going through military divorce. Here are the qualities of an ideal lawyer:

  • Experience: With years of military case expertise on our team's resume, you can rest easy knowing you are in safe and capable hands.
  • Reputation: Our reputation stands firm as we provide clients with exceptional results while prioritizing their interests.
  • Communication: At our firm, we believe in open and clear dialogue with clients so they are informed at every stage.
  • Empathy: Our compassionate team understands the emotional toll of divorce, providing support and advice as you navigate this challenging period.


Suggestions for Action

Navigating divorce and military benefits can be tricky, but with legal counsel and guidance, it can become much simpler. Here are a few suggestions to get you underway:

  • Consult an Attorney: For help understanding your options and rights during a military divorce proceeding, arrange to meet with a military divorce attorney for consultation.
  • Start Accumulating Documents: Begin collecting documents such as military records, marriage licenses, and financial statements.
  • Negotiate Amicably: Reach a settlement amicably with your spouse through negotiation or mediation to save time, money, and emotional strain.
  • Stay Informed: Acquaint yourself with military divorce laws and regulations. Take note of those which pertain directly to your personal situation.
  • Consider Mediation: Mediation may provide a cost-cutting alternative to litigation.
  • Explore Your Options: Divorce is emotionally taxing, don't hesitate to seek assistance from a therapist in navigating its emotional challenges.

Divorce and military benefits can be complex issues, but with the right legal assistance and resources you can effectively navigate them. Speak to professionals for tailored advice for your particular situation. Contact us today at 816 615-5555 or send us an email on our Contact Page.

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