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Family Law For Men.
Estate Planning And Elder Law For Everyone.

Family Law For Men.
Estate Planning And Elder Law For Everyone.

Military divorce involves special considerations

by | Oct 17, 2019 | Uncategorized

Anyone involved in an Alaska divorce will have to navigate certain transitions and adapt to particular life changes. However, if you are heading for a divorce and are also a member of the U.S. Armed Forces, you may face unique considerations your non-military peers might not. At Wyatt & Butterfield, LLC, we are well-versed in the ways in which military divorces differ from those involving typical civilians, and we have helped many military members navigate a myriad of divorce-related legal issues.

According to Military.com, one important thing to note when going through a military divorce is that the process may take longer than is typical if you are on active duty or serving in an area other than where your spouse lives. If the military has you stationed elsewhere and you need more time to respond to a divorce petition than you have, you may be able to petition to halt or delay the proceedings under the Servicemembers Civil Relief Act.

You may, too, have questions about whether your non-military spouse will still be able to receive some of your retirement benefits once you go your separate ways. Ultimately, this will depend on the length of your marriage. In order for your ex to get any part of your retirement benefits once you divorce, your marriage must have lasted at least 10 years, and it must have overlapped with at least 10 years of your active service.

You may, too, wonder whether your soon-to-be-ex-spouse and any children you share will be able to continue to utilize other military benefits, such as Tricare, once you divorce. Your children should be able to retain Tricare coverage until they come of age even after your divorce, but your former spouse will only be able to do so under very specific conditions. For your spouse to retain access to Tricare, post-divorce, your marriage must have lasted 20 years, your service term must have lasted 20 years, and the marriage and service term must have overlapped by at least 20 years. Find more on military divorce on our webpage.