There are many families of army and air force service members that call Colorado Springs their home. At a state, we are so honored to share communities with some of these brave service members.
Military families are just like civilian families, except one (or both) spouse is enlisted in the military. However, divorce can happen between any couple, and that includes these ones. There are some legal issues that military personnel and the separating spouse should know so that they make informed decisions regarding their divorce.
When it comes to military divorces, there are a lot of misconceptions that need to be clarified. As a service member, there are some perks and privileges that you are entitled to as a reward for serving our country. However, that does not mean that in case of a divorce, someone will get any unfair legal allowances at your expense.
To clarify all the speculations going around about military divorces, we have come up with five common myths that everyone needs to know.
1. The previous spouse is entitled to half of the pension given to the military spouse.
Most people believe that being married to someone in the military gives them automatic entitlement to the allocated pension. However, the amount of pension a spouse receives depends on how long the two were married while the member of the military was enlisted.
If a military spouse has been in service for twenty years but has been married for ten years, the spouse is potentially entitled to half the pension that was earned for the ten years of marriage.
2. Military spouses cannot receive custody of kids.
A military service member has every right to fight for custody of the children and the privilege of making key decisions in the kids’ lives. As a member of the military service, it’s important to understand that deployments and transfers can occur at any time.
Consulting a family law attorney in such a situation is essential because they can give you the best advice when it comes to receiving custody for the children.
3. The military confirms if support has been paid.
Most people think that the military follows up on how child support is paid. However, the military does not oversee any matters related to child support. It is the responsibility of the civilian court to ensure that child support is paid according to the initial agreement.
4. If the marriage lasted less than 10 years, the former spouse does not receive military pensions or any retirement.
When the military pension is being disbursed, there is no limit on the number of years people should be married. Therefore, even if the marriage lasted for a year, the former spouse is entitled to the pension and any other funds allocated. However, the pension is allocated to someone based on the number of years the military member has served, and the number of years the marriage lasted.
5. Upon divorce, the spouse that is not in the service does not receive any health or commissary benefits.
In such a situation, the length of marriage matters greatly. There is a 20/20/20 rule that applies when it comes to the benefits allocated to the military personnel and their family members.
If the marriage has lasted for twenty years, the military service has served for twenty years, and there is a twenty-year overlap, the former spouse could be entitled to all the benefits provided including full medical care and full commissary benefits. Sometimes, if the 20/20/20 rule has not been met, the former spouse is entitled to at least one year of medical privileges after the divorce process is final.
Contact a Team of Experienced Military Divorce Attorneys
The fact that military members have different lifestyles and regulations does not mean that their legal representation should not be handled seriously. Take time and understand some of the myths in this article before visiting any courtroom.
If you are going through a military divorce, you don’t have to do it alone. Do not hesitate to consider Drexler Law Group. Our seasoned attorneys have the required experience to advise you on how to go about your military divorce case. We always assure our clients that we will defend their rights with compassionate advocacy.
You’ve served our country. Now, it’s time to let us serve you.
Contact Drexler Law at (719) 259-0050 to discuss your military divorce case with a seasoned divorce attorney.
