DADI Blog

Military Divorce Myths

Posted by admin on April 27th, 2006

A military divorce can differ sometime from non military divorces because when a spouse is in active duty they are under the authority of military rules and regulations that they have to comply with. Now for couples that fall in this classification there is certain legislation titled The Uniformed Services Former Spouses Protection Act. However many people really don’t know or don’t understand how military divorces work. This guide will help you learn what is some the common military divorce myths, and ones you may find out are true.

1. Military Divorce Myth- Spouses of people in the military will automatically receives a portion of the military retirement calculated on the number of years married while in the military divided by the total number of years in the military. 

Fact- Courts are not required to use a set method to figure these amounts of money that will be divided or awarded. However often they will base the division of the retirement on the date of separation. More than likely the spouse will receive nothing if there were no other assets from the marriage with the one whom served. 

2. Military Divorce Myth- People in the military are no different than non military when it comes to getting a divorce.

Fact- Active military personal and those retired from the military may only obtain a divorce from the state courts, Just the same as a non military person because there really is no such thing as a military divorce.

3. Military Divorce Myth- It’s required for people in the military who are separated from their spouse to pay bigger allocation to the spouse.

Fact- there is no requirement under state law for one spouse to send funds when the couple is apart and separated. However military regulations that may require a transfer payment depending on a case by case situation.

4. Military Divorce Myth- Members of the military gain benefits from waiting to file for a divorce.

Fact- There is no advantage at all and in some cases the claim that the spouse will be able to make by delaying can often is greater due to the delay. The non military spouse claims for maintenance will also likely increase under the law as one of the factors that is considered is how long you were married.

Never assume what you hear about military divorces to be true as you have now learned there is no such thing. There many other military divorce myths that you might have heard so it’s best to get the advice of a lawyer who is an expert in military family law and divorce.

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