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, military divorces have specific rules. You can file for divorce in:
- The state where you live
- The state where your spouse is stationed
- The state where your spouse claims legal residency
Federal law allows active service members to delay divorce proceedings and may provide court-appointed counsel in some cases. Military pensions can be divided during a divorce, but they follow different rules than typical retirement accounts. The Uniformed Services Former Spouses Protection Act (USFSPA) allows state courts to divide a service member's disposable retired pay in divorce cases (10 U.S.C. § 1408).
Alimony and child support also have unique considerations. Calculating income and collecting support can be more complex due to military regulations. Understanding what constitutes 'disposable retirement income' is crucial for establishing support orders for 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.