New York Military Divorce Attorney
Guiding Military Families through Divorce for Over 35 Years
In a military divorce, either one or both of the parties is an active or
retired member of the military, reserve, or guard. Being a military couple
does not exempt the parties from the same requirements that civilian couples
must meet when filing for divorce, but there are some states that have
relaxed residency requirements for active duty personnel seeking to file
for divorce in the state where they are stationed.
Although military couples will go through the same procedural process when
filing for divorce, they must also be aware that there are other factors
that the typical civilian couple will not have to address. Due to the
very nature of military service, these factors may prolong the divorce
process – such as an active duty assignment in a remote area, military
pensions, or a permanent station overseas.
If you have questions about military divorce, please contact our New York
divorce lawyer, Lois M. Brenner, Esq. You can request an initial consultation
by calling (646) 663-4546.
What Factors Are Unique to a Military Divorce?
When entering into a military divorce, it is important to remember that
certain factors will differ from a civilian divorce. For example, support
and child support cannot exceed 60% of a service member’s pay. When
it comes to property division, the Uniformed Services Former Spouses’
Protection Act (USFSPA) will determine what military benefits may be included
as marital property and, thus, subject to equitable distribution. According
to the “10-Year Rule,” the military spouse’s retirement
benefits will not be divided unless the couple was married for at least
10 years while that spouse was on active duty.
Call Lois M. Brenner, Esq. for Help with Your Military Divorce
Filing for divorce is never easy, but it can be particularly complicated when at least one
spouse is currently serving, or has served, in the military. For this
reason, it is highly recommended that you hire an experienced and knowledgeable
divorce attorney if you are headed toward a military divorce. Lois M.
Brenner, Esq. has proudly served military families in New York for more
than three decades, so please do not hesitate to schedule your initial
consultation today. You can reach us at (646) 663-4546.