New Jersey Military Divorce Lawyer
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 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.
The Impact of State Laws on LGBTQIA Divorce
Divorce can be a complex and emotionally charged process for any couple, but for LGBTQIA couples, the challenges can be compounded by the varying state laws that govern divorce and family matters. Understanding how state laws impact LGBTQIA divorce is crucial for ensuring that your legal rights are protected and that you achieve a fair […]
How Do I Get My Name Off The Mortgage After Divorce?
Divorce is a complex process that involves not only emotional and personal adjustments but also significant financial decisions. One of the most common and challenging financial issues faced by divorcing couples is handling the mortgage on the family home. If you find yourself needing to remove your name from a mortgage post-divorce, it’s essential to […]
Is A Bad Economy a Good Time to Divorce?
Divorce is a major life decision that impacts various aspects of life, including emotional well-being, living arrangements, and finances. One question that often arises during economic downturns is whether it is a good time to divorce. The answer is complex, as it depends on individual circumstances and financial considerations. This blog will explore the implications […]
Understanding the Dynamics of a Toxic Relationship
Toxic relationships can be incredibly damaging to one’s emotional, mental, and even physical well-being. Recognizing the dynamics of a toxic relationship is crucial for anyone seeking to maintain healthy interactions and personal growth. In this blog, we will explore various aspects of toxic relationships, including double standards, red flags, the importance of self-reflection, and the […]
