If you or your spouse have served in the military and you are considering a legal separation or divorce, you will need to find an attorney who understands the technicalities of a military divorce in New Jersey and the legal rights of military service members and their spouses.
Navigating the legalities of a military pension division and the distribution of payments under the Survivor Benefit Plan is a complex and often irrational process. In order to properly divide assets and debts and determine the future care and custody of dependents, your lawyer will have to understand how to negotiate the specific guidelines set forth for military personnel.
Frequently Asked Questions
There is no length of marriage necessary for division of the military pension. The payments are calculated by the length of time you have been married.
For full medical benefits, you must be married at least 20 years, the other party must have served at least 20 years in the military, and there must be an overlap of at least 20 years between these two.
There is no federal entitlement. FSPA says that it’s up to the states to decide whether to divide military pensions or not.
The federal rules for jurisdiction over pension division lay out three tests. If any one of them is met, the court will have the power to divide the pension.
No, it cannot be split between spouses.
There is no federal statute that states how to divide military retirement benefits. The law that allows pension division in military cases is the Uniformed Services Former Spouses’ Protection Act (FSPA).
This is just a sampling of the questions that will come up when considering or filing for divorce as a military service member or military spouse. A divorce is an extremely stressful and emotional situation. When you add to that the complexities of a military divorce, you will want to be sure to have The Micklin Law Group, LLC in your corner.
Contact Our New Jersey Law Firm for a Free Consultation
It is very important to engage a law firm that fully understands the legal rights and terminologies of a military divorce. At The Micklin Law Group, LLC, we have the experience and detailed knowledge required to handle these cases with the care and attention they deserve. Learn more about how our experience can be put to work in your situation by calling us at 973-562-0100 or by contacting our divorce attorneys online.