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Divorce

Common Questions About Military Divorce

People frequently seek assistance when they have questions about a particular topic. When people have questions about legal issues, they tend to google, ask friends and family, or talk to an attorney. As lawyers specializing in family law, we get questions that run the gamut. In an effort to provide as much information as possible to people in need, Modern Family Law commits to producing relevant articles for those with questions. This article is dedicated to the brave men and women (and their spouses) who fight to protect the liberties of all Americans. Here, we’ve provided answers to some common questions about military divorce.

My kids while I’m overseas

This is a fairly typical situation. A servicemember has children, gets divorced, and eventually remarries. As part of the divorce decree, the servicemember is allocated parenting time with their kids. However, when the military person gets deployed, questions arise as to what happens with the kids. Thankfully, the law is rather clear. If a service member is deployed or otherwise unable to exercise parenting time with their kids, they usually have the right to assign time with the kids to another individual (such as a new spouse or another family).

What About My Allowances?

One of the benefits afforded to servicemembers comes in the form of an allowance of sorts. BAS and BAH provide allowances to military persons for expenses related to housing and some supplies. When it comes to military divorces, BAS and BAH allowances will be treated as income for purposes of calculating financial obligations such as spousal maintenance and child support. It’s important to note that after a final decree is entered in a divorce case, the military member’s BAS and BAH are likely to be reduced. Therefore, the military personnel may need to ask the court to revisit child support and spousal maintenance once the decrease has taken effect.

What about Tricare?

Military members have a phenomenal health care system known as “Tricare”. Therefore, for spouses of military members, they frequently are concerned that they will lose these benefits after the divorce is finalized. Unfortunately, for many spouses, this is true. However, for spouses who have been married to a service person for 20 years while their spouse has served for 20 years or more, that spouse will be entitled to Tricare for their lifetime. For other spouses, whose marriage of 15-20 years has overlapped 20 years or more of creditable service, they will be entitled to continue to receive Tricare for 1 year from the date of the final decree.

Final Thoughts

This article has provided answers to some of the most common questions about military divorce. There are countless other questions that come up in military divorce cases, but we tried to select some of the most common concerns. If you have further questions about military divorces, take the time to speak to an attorney who knows about the subject. At Modern Family Law, our attorneys dedicate their practice to family law, and we provide free consultations with our team of attorneys. Take the time to give us a call today for a free consultation with one of our attorneys.

Posted July 07, 2017
by: MFL Team


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