It is unfortunate, but divorce is common in Denver, even among couples that have already spent 20 or more years together. It is also common among military men and women, who have dedicated their lives to serving their country.
Special Issue
When an older couple decides to call it quits later in their marriage, the fact that one of them served in the military becomes a special issue in a late-life divorce. As such, you may want to consult a local divorce attorney, even more than usual.
Military spouses can also add to the amount a civilian spouse can receive in the divorce settlement. With the Uniformed Services Former Spouses Protection Act (USFSPA), state courts can divide military retirement benefits as a marital asset in divorce proceedings.
Due to the overlapping state and federal laws, however, dividing military retirement benefits during a divorce can be complex. This is why it is important to understand all the pertinent details, for you can lose your benefits completely even with a single misstep.
Common Issues
The overlapping state and federal laws also add a more considerable effect on common issues, such as eligibility, time frames, and jurisdiction concerning military divorces.
In general, state courts use different factors to determine if the civilian spouse is eligible. According to matthewsfamilylawyers.com, these factors include the length of the marriage, the length of the military service, and the overlap of their time frames. After the courts deem the non-military spouse eligible, case jurisdiction determines the military retirement percentage they will receive.
Late-life military divorces are unfortunate, but common. Nevertheless, they still include usual procedures, like dividing your marital assets, but with the added bonus of your military spouse’s retirement benefits. To receive these benefits, however, you have to pass through a variety of state and federal laws, without a single misstep.