Military Members and the Divorce Process

Military members or their spouses living in Utah may need to understand the additional considerations they have when seeking a divorce. People who are in the military will still go through the same legal procedures as apply to civilians, but there are several factors that should inform how and where they choose to proceed.

Military members may face a longer process if they are stationed abroad or are on active duty in a far-off location. Some may also have choices of where they choose to file, as a number of states allow military members to file for divorce in the state where they are stationed.

The Uniformed Services Former Spouses’ Protection Act mandates that the military must follow state guidelines on child, spousal and other types of support. The act allows states to consider military retired pay as property rather than as income. If the marriage lasted for at least 10 years and overlapped with 10 years of service by one spouse, the other spouse will be entitled to receive direct pay of retirement benefits from the Defense Finance and Accounting Services. The military retirement pay award may also be in addition to other types of ordered support, such as child support or alimony.

When child support is also being taken from the military retirement fund, the maximum amount of combined deductions from the monthly military pension amount is 65 percent of the pension. Those who are in the military or who are the spouse of a military service member may wish to consult with a family law attorney when they are considering a divorce. The attorney can advise the client about the most beneficial place to file as well as the expected amount of retirement plan payments that might be awarded.

Source: MIlitary.com, “Understanding Divorce in the Military“, November 26, 2014

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Cassie Martinez

6 days ago

I am incredibly grateful for my legal team. They provided steady, knowledgeable guidance while addressing the unique challenges of a military family case. Their professionalism and attention to detail gave me confidence and peace of mind throughout the entire divorce process.

Angel Castillo

2 weeks ago

Leilani was incredible to work with throughout my case. She was always available when I needed her, and both she and Dani consistently went out of their way especially every Wednesday and Friday, to make sure they made time for me. Their dedication and responsiveness never went unnoticed. Leilani handled everything with professionalism and care, guiding me step by step toward a resolution. I truly appreciate the support, communication, and commitment they showed from start to finish

Bacca Clements

3 weeks ago

Going through a custody case is overwhelming, but having my attorney Nick, made all the difference. He was calm when I was stressed, always responsive, explained everything clearly, and truly had my child’s best interest at heart. Attention to detail, and courtroom presence made a huge difference. I felt heard, respected, and protected throughout the entire process. His communication was clear and consistent, and I never felt left in the dark. I’m beyond grateful for his hard work and dedication. I would absolutely recommend Nick to anyone needing strong, compassionate representation .

Chris Bonnett

1 month ago

Clay and Whitney and the wholesome respect I received during my entire interaction was amazing. They gave me valuable advice/feedback and a joy to work with. Highly recommend #10Stars

BJay Brown

1 month ago

I’m very glad I chose Brown Family Law to handle my divorce. From start to finish, the process went smoothly. Divorce can be incredibly stressful, but much of that stress was eased thanks to their professionalism and guidance. Special thanks to Nicholas Schwarz and Carren Leavitt—both are outstanding attorneys who clearly know exactly what they’re doing. I couldn’t have asked for better representation. Thank you!

Cip Madrigal

1 month ago

Nick and his team were professional, responsive, and incredibly effective. I’m extremely grateful for their guidance and highly recommend them to anyone needing a divorce.

Dell Clayton

1 month ago

Brown Family law. Nick and his partner Carren did a fantastic job handling my divorce. They always had my back. It was a difficult time of my life. They kept in touch with me every week. They were so though. I absolutely would record them.

Nicole M

1 month ago

Nick and Carren had amazing communication throughout this entire experience and answered all questions and concerns quickly! Would definitely recommend them. I had a wonderful experience with them.

Blake Carter

1 month ago

Communication is a big thing for Brown Family Law and it showed. They were very helpful in answering any questions I had, and helping make all the complexities of law understandable.

Erin Kammer

1 month ago

Working with Carren was a great experience. She not only deeply knowledgeable about the legal process, but also incredibly patient in answering my questions and explaining complex documents. She was always responsive, professional, and went above and beyond to ensure I felt supported throughout my case. I couldn’t have asked for better help!

Military Members and the Divorce Process

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