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military divorce Archives

Military divorce: special rules and requirements

There are special rules and requirements that apply to military divorce. State and federal military laws apply to service members and their spouses, making the process different than that for civilians. Service members cannot be sued or begin divorce proceedings while on active duty under the Servicemembers Civil Relief Act. Also, the court may exclude service members from such proceedings for 60 days after active duty.

How the blended retirement system will affect military divorce

The Blended Retirement System (BRS) goes into effect on Jan. 1, 2018. It will make some changes to the military retirement system and other military laws. Many Mississippians believe the BRS will increase the complexity of military divorce cases, and these cases may have different results, depending on the state the divorce is filed.

Providing experienced guidance through the divorce process

Getting a divorce requires spouses to make important decisions, such as how property will be divided, whether alimony will be paid, who will have child custody and child visitation. In Mississippi, there are two types of divorce -- fault-based (contested) and no-fault (uncontested).

Military Family Separation Allowance

Mississippi service members are entitled to military allowance packages, which give them tax-free compensation for living costs. Allowances provide financial assistance for any services or facilities not provided by the military, including housing, subsistence, cost of living, clothing, overseas housing and family separation. Service members with dependents may qualify for a Family Separation Allowance (FSA) depending on their circumstances. To be eligible for FSA, service members must be subject to an enforced family separation under one of four conditions.

U.S. Army Family Advocacy Programs

According to the National Coalition Against Domestic Violence, one in three women has been physically abused by an intimate partner, including those in Mississippi. Domestic violence is at the root of many divorces and military divorces are no exception. The Department of the Army's policy is to prevent spouse and child abuse, protect and treat victims of abuse and train personnel to intervene in abuse cases. To accomplish this mission, the U.S. Army Family Advocacy Programs were established.

Child custody in military divorce: family care plans

All divorcing parents should create a parenting plan outlining the child's primary residence, a schedule for parenting time, holidays, transportation and other factors. It is especially important for divorcing military parents to create such an agreement given the possibility of reassignments and overseas deployments. While civilian parenting plans and military family care plans are similar in many ways, there are some special considerations for military couples.

Supreme Court rules on military divorce case

A previous blog post discussed a case that came before the Supreme Court of the United States, Howell v. Howell. The Court has now released its final ruling in this case regarding the proper distribution of benefits following a retired service member's divorce.

Former spouse coverage under the Survivor Benefits Plan

The military retirement system provides service members with a generous pension starting from the day they retire. In the case of a military divorce, former spouses of retired service members can receive a portion of that retirement pay.

A military divorce can affect your pension

Joining the military changes almost all aspects of your life. It might even change how you get divorced. While the process is generally the same as it is for civilians, a military divorce comes with some extra issues than can carry long-term effects. Not only will you have to address issues concerning deployments and the custody of your children, you will also have to consider the impact the divorce will have on your retirement.

Supreme Court hears arguments in case about military divorce

Going through a divorce presents emotional, legal and financial difficulties. Division of property, spousal support and child custody are just a few of the legal issues facing most divorcing couples. Those going through a military divorce face some added challenges. With the need for application of perhaps unclear federal laws pertaining to service members or retired military personnel, the legal landscape of a military divorce can be complicated.

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