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.
The ins and outs of family law issues can cause major headaches for military couples and families. The question of state vs. federal rules and getting everything matched up in Defense Finance and Accounting Service (DFAS) and Defense Enrollment Eligibility Reporting System (DEERS) means you need an experienced, knowledgeable legal team in your corner. The Micklin Law Group, LLC has experience you can rely on.
If you and/or your spouse are in the military and have reached the decision that a legal separation or divorce is what’s right for you, we can help. At The Micklin Law Group, LLC, we are well-versed in the regulations around pension division, Survivor Benefit Plans and distribution of medical benefits, just to name a few.
The question of whether a former spouse is entitled to alimony after the dissolution of a military marriage is determined by what is known as the 10/10 rule. Under the 10/10 rule, defined by the Uniformed Services Former Spouses Protection Act (USFSPA), a person must have been married to a service member for at least ten (10) years of active military service, (where the service was attributable for retirement eligibility). There are not, however, any special provisions for the payment of alimony to former military spouses.
Divorced military parents preparing for deployment have a lot of logistics to account for–not the least of which is making custody arrangements. If you are deploying for longer than 90 days, you are required to relinquish your custody rights to a person of your choosing. Making this kind of modification to your previous agreement requires you to notify the child’s other parent in writing 10 or more days prior to a time-sharing modification hearing.
It is important to note that upon your return from deployment, your previous rights will not be automatically reinstated, but will require an additional court appearance. These arrangements can be tedious and troublesome, but The Micklin Law Group, LLC is here to help.
Set up a consultation and we will go over your unique situation. We’re confident we will win your trust.
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.
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| Redirects to homepage, 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.
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The Micklin Law Group, LLC serves the cities of Bayonne Belleville, Bergen County, Bloomfield, Brick Township, Bridgewater Township, Camden, Cherry Hill, Cliffside Park, Clifton, East Orange, Edison, Elizabeth, Guttenberg, Hackensack, Hamilton Township, Hoboken, Hudson County, Lakewood, Jersey City, Livingston, Montclair, Mount Laurel, Morris County, Morristown, New Brunswick, Newark, North Bergen, Nutley, Paramus, Parsippany Troy, Passaic, Paterson, Roseland, Roselle, Rosewood County, Saddle Brook, Secaucus, Shore Hills, Trenton, Toms River, Union City, Washington Township, West Caldwell, West New York, West Orange, Westfield, Woodbridge in New Jersey who are facing divorce, separation or other family law issues. We are also easily accessible to surrounding cities throughout New Jersey.
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