Military Divorce Attorneys
When one or both parties involved in a divorce are active or retired military, certain issues may arise that will have to be carefully handled. At Claery & Green, our lawyers are fully qualified to handle complex family matters such as military divorces, and they will handle your situation appropriately. Military divorces can be more complex than civilian divorces because of the issues that must be addressed during the divorce process. When a person seeking divorce is still on active duty, the situation will need to be handled with sensitivity. In cases where a person involved in a divorce is retired military, certain issues regarding retirement & disability will need to be addressed. A Los Angeles divorce lawyer from our firm will know exactly how to handle your military divorce and will protect your rights and your future by handling any issues that may arise appropriately.
There are certain issues in a divorce that are specific to active & retired military, and you will need an attorney’s help to straighten out these issues:
- Child Support - The child support for a military member can constitute a large portion of the military pay. Child support is designed to benefit the child not the custodial parent. Therefore, child support should not be disguised as form of maintenance.
- Spousal Support & Alimony - The spouse of a military member can request a significant payment above and beyond the child support payment. The payments can represent a significant portion of the service member's military or retirement pay and last for years depending.
- Military Retirement - The military retirement benefit is often the largest asset of a divorce. Any division of the military retirement depends on a great deal of factors including other assets of the marriage, the date of separation. Contrary to common perception, the military spouse is not automatically entitled to any portion of the military retirement regardless of the duration of the marriage.
- Military Disability - Military service members are often rated for a medical disability before they leave the military. As time passes, the disability rating for military member often increases. Because the disability portion of the retirement cannot directly be divided by the military, the disability can have a profound effect on the payments, if any, made to the spouse after the divorce.
For more information about a military divorce, contact a Los Angeles Divorce Attorney at Claery & Green!