Military Divorce

Military Divorces need and deserve special attention. Legal decisionmaking, 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 plan.

Another issue unique to the military is the division of military pensions. A Domestic Relations Order or DRO can be drafted which will divide the pension equitably based on the number of months that the military member will have to work before becoming eligible to claim the pension (generally a minimum of 240 months or 20 years) as the denominator of the fraction and the number of months 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, payment is by allotment. Otherwise, the Defense Finance and Accounting Service (DFAS) will pay each spouse separately once a proper DRO is filed and approved.

Spousal maintenance or alimony is anotherissue 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 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 has been privileged to represent military clients from Davis Monthan Air Force Base as well as from all over the world.

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.