Military Divorces need and deserve special attention. Legal decision-making, parenting time and relocation are frequent issues that arise in military divorces. If the military parent is stationed overseas or even across the country, special care needs to be taken when drafting legal decision-making and parenting time orders. Similarly, military members relocate frequently so relocation language should be included in the parenting agreement. Another issue unique to the military is the division of military pensions. A Qualified Domestic Relations Order or QDRO can be drafted which will divide the pension equitably based on the number of years that the military member will have to work before becoming eligible to claim the pension (generally 20 years) as the denominator of the fraction and the number of years of the marriage as the numerator of the fraction. This number is then divided by two and that is the percentage of the pension that the non-military spouse is entitled to receive. If the military member has been enlisted for less than 10 years, then payment is by allotment. Spousal Maintenance or Alimony is another issue which frequently arises in military divorces. The civilian spouse argues that s/he could not establish a career or make appropriate use of their education because of the the frequent relocations required of the enlisted spouse. The Court does take these arguments into account when awarding spousal maintenance although they are not dispositive. Susan M. Schauf, PLLC has been privileged to represent military clients all over the world, from Iraq and Afghanistan to England, Germany, Japan and Korea. We often represent clients from Davis Monthan Air Force Base in Tucson, Arizona, as well as military members and spouses of military members located all throughout the United States, including Alaska and Hawaii.
All members of the military and their spouses are entitled to a Ten Percent (10%) Discount off all fees incurred.
*The information in this message is general and should not substitute for the advice and counsel of a licensed attorney.