Can You Keep What is Yours in a Military Divorce?

If you are involved in a military divorce, you will need a Phoenix military divorce attorney who understands the unique complexities of the process. No divorce is easy, but the issues in a military divorce are usually more complicated than those same issues in a civilian divorce.

For example, military divorces typically involve jurisdictional questions. After multiple deployments, servicemembers may have marital properties and assets in states other than Arizona.

To protect the properties and assets that are rightfully yours in a military divorce, the division of properties, assets, military pensions, and other military benefits requires a Phoenix military divorce lawyer familiar with the rules and regulations governing pensions and other benefits.

What are the SRCA and the USFSPA?

If your spouse files for divorce while you are deployed, the Servicemembers Civil Relief Act (SRCA) protects you from having to deal with the divorce immediately. It lets you request a ninety-day extension before responding to the divorce petition.

The Uniform Services Former Spouse’s Protection Act (USFSPA) establishes an ex-spouse’s right to a share of the military benefits. If an ex-spouse is awarded retirement pay as part of the marital property, it may be distributed to the ex-spouse upon the servicemember’s retirement.

The USFSPA allows state courts to treat military retirement benefits pay as the marital property of both the servicemember and spouse and to distribute it accordingly, or as the sole property of the servicemember, depending upon the facts and circumstances of the divorce.

What is the Ten-Year Rule?

Retirement pay deemed marital property is divided in a specific manner after a servicemember retires and is granted benefits. The Ten-Year Rule determines how a former spouse receives a share of military retirement pay.

Under the Ten-Year Rule, if ten years of the marriage coincided with ten years of military service, either active or reserve, the ex-spouse may receive his or her share of the pension directly from the Defense Finance and Accounting Service.

Anything less than ten years of military service coinciding with the marriage leaves the retired servicemember responsible for paying the ex-spouse directly. In some cases, a portion of the pension may also be included in the division of assets outside of the Ten-Year Rule.

How is Jurisdiction Established?

Before an Arizona court divides retirement benefits in a military divorce, it must establish its jurisdiction over those benefits. In Arizona, when the servicemember is the spouse filing for divorce, filing constitutes consent to the state’s jurisdiction over the pension.

If the servicemember did not file the divorce petition but responds to it, that response also constitutes consent to the state’s jurisdiction over the pension. Speak with your military divorce attorney about whether you should consent to Arizona’s jurisdiction over your retirement benefits.

If the servicemember does not consent to Arizona’s jurisdiction over the pension, a nonmilitary spouse filing for a divorce will have to establish jurisdiction by filing in the servicemember’s home state (the state listed on the servicemember’s Leave and Earnings Statement).

What is “Equitable” Distribution?

The division of marital property in a military divorce in Arizona is comparable to the division of marital property in a civilian divorce. Arizona is a community property state, so in a military divorce, property and assets acquired during the marriage are usually divided equally.

However, “equitable” in an Arizona divorce court may mean something other than an exact fifty-fifty split, and judges in this state have the discretion to award assets based on fairness and the best interests of the divorcing spouses.

What Are the Other Financial Issues in a Military Divorce?

Military divorces also entail other unique financial issues. Attorneys and courts often make mistakes when calculating a servicemember’s income and support obligation by failing to include allowances or treat allowances as taxable income.

In a military divorce, there may also be confusion about temporary pay, enlistment bonuses, per diem allowances, and other non-standard payments. Questions may also arise concerning an ex-spouse’s right to continue receiving healthcare benefits after a military divorce.

Your rights may be compromised if your divorce attorney does not understand these issues. In Arizona, any servicemember filing for divorce or responding to a spouse’s divorce petition must be represented and advised by an experienced Phoenix military divorce attorney.

Filing for Divorce During Deployment

Military deployment can be challenging in a marriage and may also cause problems during a divorce proceeding, but filing for divorce during a deployment is possible with the help of a skilled Phoenix military divorce lawyer.

If a servicemember’s spouse files for divorce while the servicemember is deployed, the procedure is the same. However, complications may arise, including the extended length of the divorce proceeding.

Contact an Arizona military divorce attorney immediately if your spouse files for a divorce while you are deployed. That attorney can advise you about your rights under the Servicemembers Civil Relief Act, help you respond to the divorce petition, and ask for a stay of the proceedings if your deployment affects your ability to participate in the divorce process.

Some deployed servicemembers may want the divorce process to begin before they return to the United States. If you are one of these servicemembers, you must retain the services of a military divorce lawyer who will protect your interests while you are still deployed.

Let Arizona Family Law Attorneys Handle Your Military Divorce

A military divorce can be an extraordinarily complicated legal proceeding. Let a military divorce attorney at Arizona Family Law Attorneys handle your military divorce from the beginning. We know how to resolve the most difficult military divorce disputes.

We are award-winning Arizona divorce and family law attorneys who advise and represent military and civilian clients in the Tempe and Phoenix areas. We handle adoptions, child custody disputes, paternity cases, and military and civilian divorces.

To learn more about military divorce or any matter of family law – or to start the military divorce process – schedule a case evaluation now with Arizona Family Law Attorneys by calling us at 480-448-0608 . We offer affordable rates and flexible appointment hours for your convenience.