Filing For A Military Divorce
Military divorce proceedings take their toll on even the steadiest of spouses. The stress of separation and divorce, compounded by the complexity of military laws and court systems, can cause even the strongest relationships to crumble.
The decision to divorce is one that should be thought through thoroughly, weighed carefully, and never rushed. Military divorce proceedings follow a process that is considerably different than a civilian divorce.
Military Divorce Guide
Military divorce proceedings contain certain complexities that civilian divorces don’t. These nuances are something to consider when you are evaluating a divorce attorney for your case. Even if an attorney in the Colorado Springs area is somewhat familiar with military divorces, that doesn’t guarantee they are fully qualified to represent you in a martial divorce proceeding. When you hire an attorney to handle your Colorado Springs divorce case, you want to make sure that the attorney truly specializes in military divorce proceedings. A great military law firm will work with you to ensure that your divorce is handled correctly and promptly.
One of the primary concerns about military divorce proceedings is adultery. It is illegal for a married person to be with someone else when they are stationed in the military. The problem with cheating lies in that it involves dishonesty. If your spouse has cheated on you or had a sexual affair, this is grounds for a divorce. However, if your spouse was merely having an affair when they were posted, it is unlikely that your state will recognize your marriage as intact.
The next issue to address when you’re going through military divorce proceedings is alimony. There is a difference between regular alimony, which are awarded to both parties, and alimony, which are determined by a military judge based on each party’s income. In general, alimony is intended to keep the recipient (spouse) financially independent while they are in the military. However, since the recipient is technically not living in the home, courts will usually award such payments to the spouse who is actually in the home.
There are also differences between retired pay spousal support and legal separation. Retired pay spousal support is intended to provide a monthly income for the spouse who is receiving a retired military base salary. Legal separation does the same thing but allows the person to continue working in certain fields while they are away from their job. Both of these payments should be addressed during the divorce proceedings. Again, it is important that you and your spouse have come to an agreement as to how these payments will be handled. It is not in either party’s interest to have a court battle over retired pay spousal support or legal separation because it will end up in court and cost both sides a lot of money.
Another part of the divorce that will significantly impact the alimony and finances is the health care plan. Military members who have a medical condition will usually have a specialized health care plan that will allow them to be covered for any prescription drugs or medications that they may need. Unfortunately, many spouses do not realize that if they have a medical condition, they may not afford the prescriptions and medications they need. In some cases, spouses can get around this by offering to pay for the entire amount of the prescriptions and medications. This is one way that you can use the services of a Colorado military divorce attorney to help you work out an equitable health care plan.
Another thing that you can do to reduce the alimony’s impact and the finances is to hire a child support attorney. Military members are not typically familiar with child support laws, making things difficult for you and your spouse. However, if you hire an attorney who knows the laws in your state, this can help you protect your children and provide you with peace of mind. A child support attorney will also work out an equitable payment schedule that is beneficial to both you and your spouse.
You should also know that many military retirees will not have any asset protection if they remarry after a divorce. For this to be avoided, you will want to retain the services of a Colorado Springs divorce attorney. This is because military retirement benefits are based on the number of years that you served your service, not based on the current salary or assets that are in existence. In most cases, military retirees can keep their pension, benefit and money even if they remarry. However, your attorney at Moran & Associates Family Law can help you ensure that you are protecting your pension and other assets so that you can continue to enjoy them for the rest of your life.