When divorce involves one or both spouses in the military, it has additional legal considerations. While civilian divorce typically deals with property division, alimony, child custody, and child support, a military divorce is subject to unique federal laws that affect how these matters are handled. These can make the divorce more complicated, and many divorcing spouses find it difficult to protect their rights, assets, and entitlements.
Whether you or your spouse is in the military, or both of you are, it’s crucial to have a lawyer protect you during divorce. In the Boston area, contact an attorney from Goldman Law, LLC. Our divorce lawyers have proven their excellence in handling complex marital issues, which is why we have earned the Clients’ Choice recognition in the field of Divorce.
When you work with Goldman Law, we will:
- Help you navigate the federal and state laws that apply to your military divorce
- Create a strategy to safeguard your rights and assets
- Skillfully negotiate for what you’re entitled to
- Fight for a fair parenting plan that protects your relationship with your child
- Make sure you meet requirements even when you are deployed.
Talk to Goldman Law, LLC in a confidential consultation. Call us today at (617) 668-1718.
Important Laws in a Military Divorce
On top of Massachusetts state laws regarding divorce, the following federal statutes will greatly affect a military divorce:
- Uniformed Services Former Spouses’ Protection Act (USFSPA) – This law deals with pension issues for military members and their spouses. One of its major effects is that it allows the division of military pension and retirement plans between a divorcing military couple.
- Service Members Civil Relief Act (SCRA) – Previously titled the Soldiers and Sailors Civil Relief Act (SSCRA), this law aims to protect all service members from unfair proceedings while they are on active duty. For instance, one of its provisions allows military personnel to postpone divorce proceedings until they’re back from active duty.
These laws, combined with the unique demands of being a military couple, can make divorce matters more complicated. With a competent attorney, be prepared to handle challenges and obstacles such as:
- Division of military pension – The USFSPA allows state courts to distribute military retirement benefits between divorcing spouses. If you are a service member, it is imperative to take steps to secure your hard-earned retirement. Meanwhile, if you’re a civilian spouse, this law may entitle you to benefits you need and deserve.
- Calculation of child support – The court takes into account the gross income of each parent in determining child support. For military members, this may include their hazard pay, combat pay, GI benefits, separate ration, BAH, and bonuses. However, a military spouse’s support obligations cannot exceed 60 percent of their pay and allowances.
- Child custody and parenting time – Service members have equal opportunity as civilian spouses to seek child custody and parenting time. However, military work schedules and deployments abroad may make this an uphill battle. It’s vital for a military parent to fight for a parenting plan that takes into account their availability for visitation.
The divorce attorneys at Goldman Law are knowledgeable on these issues and more. Consult with us to learn about the unique challenges of your military divorce, and how you can protect yourself.
Frequently Asked Questions About Massachusetts Military Divorce
What court has jurisdiction on military divorce if one spouse is overseas?
The county where the divorce is filed will have jurisdiction. Massachusetts allows you to file for divorce in the state if:
- One or both spouses reside in MA, or
- One or both spouses is stationed in MA.
What is the 10/10 rule? Do I need to be married 10 years before receiving benefits?
The 10/10 rule deals with how a civilian ex-spouse will receive their share of military retirement benefits. Some spouses mistakenly believe that they need to be married a minimum of 10 years before military retirement can be divided. This is a misconception, because there is no required minimum length of marriage for division of military retirement.
The 10/10 rule says that if the marriage lasted at least 10 years, during which the military spouse had a minimum of 10 years’ creditable service, the civilian ex-spouse will receive their retirement benefits directly from the Defense Finance Accounting Service (DFAS). By contrast, if the couple does not meet the 10/10 rule, the DFAS will not enforce the payments and the military ex-spouse will likely have to send the payments himself/herself.
What is the 20/20/20 rule?
The 20/20/20 rule deals with the division of TriCare, the military medical insurance. Service members and their dependents, including their spouses, are covered by TriCare, but upon divorce, the 20/20/20 rule will determine whether an ex-spouse will continue to receive it.
A non-military ex-spouse will keep their TriCare coverage if:
- He/she was married to the military spouse for at least 20 years;
- The military spouse served for at least 20 years; and
- These two periods overlap by at least 20 years.
A variation of this is the 20/20/15 rule, which is when the overlap was only 15 years instead of 20. In this case, the civilian ex-spouse will continue receiving TriCare only for one year after divorce.
Contact Goldman Law – Top-rated Divorce Lawyers in Boston
With extensive experience in complex divorce cases, the lawyers at Goldman Law, LLC can competently fight for you in your military divorce. We are based in Newton, MA and serve Middlesex County, Suffolk County, and all of Greater Boston. Call us at (617) 668-1718 to discuss your case.
