A Military Divorce Is Subject To State, Military And Federal Laws
Are you serving in the armed forces? Retired military and want to end your marriage? Is your spouse on active duty in another country? Divorce is often a trying time where families are undergoing a tremendous amount of stress due to the uncertainty of their future after divorce. Even a friendly dissolution can have an undercurrent of stress.
Under the Soldiers and Sailors Civil Relief Act for active duty personnel at risk, active duty spouses have a right to postpone divorce proceedings while they are serving in the army, navy, air force, marines or coast guard. The legal maze of paperwork, depositions, trial or appeals can be especially difficult when sifting through state, military and federal provisions without the help of an experienced attorney.
I am attorney Bobbie O’Keefe, and I can help you understand your legal options in a military dissolution or divorce. My top priority is protecting your rights and safeguarding your family’s future stability after the termination of your marriage. I have 25 years of experience dedicated to resolving family disputes in Ohio. Call my firm, O'Keefe Family Law LLC, in Columbus at 614-633-4777 or email me.
How Is Property Divided In A Military Divorce?
In Ohio, upon termination of a marriage, a couple’s marital property is divided “equitably,” or equally between parties, unless an equal division would be unfair. Additionally, marital property for those actively serving or a veteran of the armed services and who have been married for 10 years or more, may qualify for a direct payment of a portion of a military retiree’s pay. Military retiree pay is commonly known as a “military pension.”
The Uniformed Services Former Spouses’ Protection Act (USFSPA) determines the division of military benefits. Retirement benefits may be distributed upon termination of marriage under limited circumstances. The benefit is only available to those married 10 years or longer while the member was an active duty military. However, Ohio’s family court allows for couples married less than 10 years to qualify for half the value of the pension in the overall property division split.
In Ohio, there are also limits on spousal support, or alimony, and child support. The amount awarded to the nonmilitary spouse for these purposes cannot exceed 60 percent of the military member’s allowances and pay. Otherwise, the usual state child support guidelines are used to calculate the amount of child support.
Schedule A Consultation For Reliable Military Divorce Advocacy
As your lawyer, I can help answer your questions when your spouse is out-of-state or stationed in another country. If you and your spouse cannot agree to the terms required in ending your marriage, I can be your advocate. I will help you seek resolutions through mediation, collaborative law or early neutral evaluation (ENE) before we take it to a battle in family court.