Question By: In a military divorce, the division of property follows the same principles as a civilian divorce, but there are some unique considerations due to the nature of military service. Property division is typically governed by state laws, as divorce is primarily handled at the state level.
The first step in property division is to determine whether the state follows community property or equitable distribution principles. Community property states consider all marital assets and debts to be jointly owned, while equitable distribution states aim for a fair division of assets based on factors such as the length of the marriage, financial contributions, and earning capacities of each spouse.
In a military divorce, the division of military pensions and benefits is an important aspect. The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to treat military pensions as marital property subject to division. The court may award a portion of the pension to the non-military spouse based on various factors.
Additionally, other military benefits like healthcare, housing allowances, and survivor benefits may also be considered during property division. The court may take into account the length of the marriage during military service and the duration of overlap between the marriage and military service.
It's important to note that property division in a military divorce can be complex, involving federal laws and regulations in addition to state laws. It is advisable to seek the guidance of an experienced family law attorney familiar with military divorce to ensure a fair and equitable division of property.
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