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How is Military Divorce Different?

A Legal Team You Can Trust

Divorce is difficult and emotional in any situation, but when one spouse is a member of the military the process becomes more complicated. Unique issues arise in military divorces that must be addressed with the assistance of a knowledgeable and experienced divorce attorney to ensure they are handled correctly.

At Claery & Hammond, LLPour team has assisted countless military families through the divorce process, and we can provide you with the dedicated and knowledgeable representation needed to make sure your rights are protected. If you are seeking divorce while you or your spouse is stationed overseas, we can handle the situation with sensitivity and assist you through the process. If you or your spouse is a retired member of the military, our skilled lawyers can guide you through such issues as retirement and disability benefits.

The issues that must be addressed during a military divorce include:

  • Spousal Support: A military spouse can request to receive significant support payments in addition to any child support that is awarded. The payments awarded may constitute a large portion of the service member's salary or retirement and can last a number of years, depending on the judge's discretion.
  • Child Support: The judge may award child support in addition to spousal support, and the amount could be significant, depending on the needs of the child. This support is solely designated to benefit the child, not the spouse.
  • Military Retirement: One of the largest assets that must be addressed during the divorce is the retirement benefit. The division of this asset is influenced by the length of the marriage, date of separation, other assets accumulated in the marriage and a variety of other factors.
  • Military Disability: Before leaving active military duty, service members are usually rated for any medical disabilities, and their disability rating often increases as time passes. Disability can have great impact upon support payments, as this portion of retirement benefits cannot directly be divided by the military.

If you are going through a military divorce, do not hesitate to contact our experienced attorneys to discuss which factors may affect your proceedings. Our team would be proud to represent your rights and interests throughout your case. Contact our firm today!


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