The battlefield in military divorces is often military pension division. It is essential to learn and understand the unique set of rules in military pension division. The basic issues for the military spouse (usually the wife) in the divorce battlefield are the first topics covered below. An overview of the battlefield is contained in the...Read More
1. NO AUTOMATIC ENTITLEMENT. Federal law does not provide any automatic or absolute right for a divorced spouse of a military servicemember to receive any portion of the servicemember’s military retired pay, regardless of the length of the marriage. 2. CONTROLLING FEDERAL LAW. The controlling federal law, the Uniformed Services Former Spouses’ Protection Act (USFSPA),...Read More
Protecting Your Rights in Military Divorce Divorce is complicated enough when both parents are available to meet and discuss the situation. However, if one spouse is in the military and serving out-of-state, it can be more challenging to resolve divorce matters. There are additional elements — such as jurisdictional issues and retirement benefits — that...Read More
There have been numerous reports that the marriages of military couples are under threat due to the stress of the recent wars and the long and dangerous deployments. Lizette Alvarez writing in the New York Times in 2006 states, “Military deployments have a way of chewing up marriages, turning daily life upside down and making...Read More
A Maryland military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply. Military Protection From Maryland Divorce Proceedings There are laws set up to protect active duty military members against being held in “default” from failing to respond to a...Read More
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