Full question:
I am a military spouse filing for divorce. Are there special rules that apply? My spouse and I were born and raised in Gadsden, Alabama, he currently pays state taxes. We have been legal residents for 40 years. He is currently stationed in Germany. Set to move back to the states in April 08.
- Category: Divorce
- Date:
- State: Alabama
Answer:
Yes, there are special rules that apply in a military divorce.
The divorce complaint may be filed as follows:
-In the state where the filing spouse resides,
-In the state where the military member is stationed, or
- In the state where the military member claims legal residency
Federal legislation entitles active members of the armed forces to delay
a divorce and to court-appointed counsel in certain circumstances.
Military pensions may be divided in the event of divorce, but are
subject to different rules than the more common Qualified Domestic
Relations Orders for private retirement accounts or Domestic Relations
Orders for state and municipal pensions. The Uniformed Services Former
Spouses Protection Act (the “USFSPA”) is the federal law that authorizes
state courts to divide a servicemember’s disposable retired pay in
military divorce cases. See the US Code, Title 10, Chapter 71 -
Computation of Retired Pay.
Alimony and child support are also subject to special rules. Calculating
income and collecting support can be more complicated because of
regulations governing active or retired members of the military. The
definition of "disposable retirement income," for example, is a key
concept in establishing support orders of retired military personnel.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
