Divorcing A Military Man

Divorcing A Military Man

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The 10-Year Rule in military divorce cases determines whether a former spouse will receive a share of military retired pay directly from DFAS. The 10-Year Rule in Military Divorce Cases Posted on August 9th, 2012, by Livesay & Myers, P.C. in Family Law , Military Divorce .

Most military benefits to a spouse automatically terminate once a divorce is finalized, but some former military spouses are entitled to benefits even after the marriage ends. federal laws provide some protections to former spouses of service members regarding retirement pay and base privileges.

According to the USFSPA, the division of military pay is not mandatory during divorce. This is a common mistake made by divorcing couples. There is the belief by some that the USFSPA states the military member must pay their spouse or ex-spouse a portion of their military retirement, but this is a fundamental misunderstanding of the Act.

Divorce is rarely easy and the unique nature of military life can make a divorce more complicated for military wives. Servicemembers and their spouses must get divorced in state court just as civilians do. Thus, Texas rules apply to military couples divorcing in Texas. However, federal laws provide additional rules.

The following is an overview of the laws that will affect U.S. service men and women who get a divorce. Military Divorce Laws. Military divorce is governed by both state and federal laws. For example, federal laws may affect where divorcing couples end up in court or how military pensions are.

An emotional wounding. divorce takes an emotional toll on every man. As a member of the military, you risk your life to keep our country safe. You fight on foreign soil, defend our borders, and protect the homefront so that American families continue to enjoy freedom.

DIVORCE AND THE MILITARY II is the newly published comprehensive guide for military members (active duty, reserve/guard, and retired), spouses, and their attorneys, on the Uniformed Services Former Spouses’ Protection Act (USFSPA). The USFSPA is the federal law that permits the award of military retired pay in a divorce.

Regarding Jack Spillane’s column on Sunday in support of removing statues of Civil War generals, William Begin writes that these were not meant to be monuments to slavery, but rather to military men.

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