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Military Divorce Archives

U.S. Supreme Court issues ruling in military divorce case

As Albuquerque service members and their spouses can attest, active deployment and other aspects of being in the military can take its toll on a marriage, sometimes leading a couple to decide that divorce is their best option. Asset division, however, can be more complicated in a military divorce than a civilian divorce, as one recent case shows.

Retaining TRICARE eligibility after a military divorce

A military divorce presents certain unique issues that those in the process of getting a civilian divorce do not face. For example, in a civilian divorce in New Mexico it is expected that once the divorce is final and the marriage is dissolved, an ex-spouse will not be covered his or her ex's health care insurance. However, there are two circumstances in a military divorce in which the non-service member spouse can remain eligible for TRICARE, albeit on his or her own name and Social Security number.

How does divorce impact military retirement benefits?

Being involved in a military marriage can be difficult and complex at times. The life of a service member can be straining on a marriage, resulting in some couples in New Mexico and elsewhere opting for divorce. While divorce is not easy for any couple, a military divorce can place added challenges. This is especially true when it comes to addressing the assets, pension and military benefits of the service member spouse.

Military laws controlling the division of military benefits

Much like civilians, service members partake in the joyous event of matrimony. While the married life can have its ups and downs, for those in the military, maintaining a lasting marriage can be challenging at times. The military lifestyle and lengthy deployments can be taxing for some spouses, giving reason for divorce. While a military divorce contains much of the same issues as civilian divorces, there are several other factors to consider during a military divorce.

How are VA benefits impacted by a military divorce?

New Mexico residents who served in the armed forces are entitled to certain benefits. Military benefits are available for military members; however, the availability of these benefits is constrained by more than the number of years served in the military. If the service member has gone through marriage dissolution, this could impact how certain benefits are awarded as well.

Determining eligibility for military retired pay

As a previous post highlighted, a military divorce in New Mexico tends to be more complex than dissolutions involving civilians. This is mostly due to the military laws governing the process. However, the lifestyle, travel and deployments of the members of the armed forces also play a major role. While there are several distinct differences between a military divorce and a civilian divorce, one major difference is the need to divide military retired pay.

Helping our service members through the divorce process

The members of our nation’s armed forces endure many stresses and life events that most civilians do not. Nonetheless, service members that are married are likely to deal with the natural ups and down of marriage. Because of that, military members also deal with the emotions and major decisions associated with divorce. However, because of deployment, frequent moves, recurrent separation from family members and military laws, military divorces are often more complex than a civilian divorce.

Maximum payment for alimony and child support in military divorce

As previous posts have discussed, military divorces can be very different than civilian divorces. Despite these differences, the same major financial decisions need to be decided in both types of divorces. With regards to alimony and child support, divorcing couples in New Mexico and elsewhere can request these payments during dissolution. However, in a military divorce, the Uniformed Services Former Spouses' Protection Act or USFSPA designates how much a former spouse can request.

Who are the eligible beneficiaries of a survivor benefit plan?

When men and women in New Mexico and elsewhere decide to enter the military, there are many major life-impacting decisions required. This does not change when the service member retires, and these decisions could greatly affect the service member's spouse, children and any former spouse. Therefore, it is important to understand certain factors when entering into a survivor benefit plan.