What divorcing military members need to know

What divorcing military members need to know

On Behalf of | Feb 6, 2017 | Firm News |

Whether a divorce is amicable or not, it can be a battle unto itself. The process has even more concerns for veterans or those currently serving in the military. Here are the special circumstances of a military divorce that all members should know:

When and where military divorce can be filed

While a spouse can technically file for divorce any time, active members of the military may be protected from divorce proceedings while on duty. A divorce may be postponed until the member is no longer on active duty and then for 60 days afterwards. A military member can choose to undergo the proceedings during active duty though, if they wish.

Depending on the laws in each state, you or your spouse may be able to file for divorce in the state of either party’s residence or in the state in which you are actively serving. The proceedings will follow the laws of the state in which the divorce is filed.

Child support

In Wyoming, child support is computed based on each parent’s net monthly income. A military members BAH and BAS will be included in the net income computation. Keep in mind that the child support computation and amount will be based on the laws of the specific state in which you filed.

Pension divisions

In Wyoming retirement accounts, including military retirement, are considered marital property to the extent those contributions occurred while married. If the parties do not reach an agreement about how to divide retirement accounts, the court will consider all marital assets when fashioning a just and equitable division of property relative to the debt awarded to each party.

Choosing where to file

If you are going through a divorce while on active duty or as a veteran, think carefully about where the divorce should be filed. The state’s laws could affect court orders regarding child support payments, property division and other important aspects of your life. Make sure to research state divorce laws and consult an experienced attorney licensed in that state to ensure the best outcome for your case.