Understanding military marriage benefits & divorce is confusing, but the attorneys at the Gentry Law Firm, can help you learn your rights and strategic options. Whether you are an active duty service member, retired service member or spouse of a service member, our divorce attorneys can advise you on all of the legal considerations under federal and state law.
ABOUT THE UNIFORMED SERVICES FORMER SPOUSE PROTECTION ACT (USFSPA)
The USFSPA defers to state divorce laws. New Mexico is a community property state, meaning that a couple’s assets accrued during the marriage are split equitably upon divorce. That means a civilian spouse is entitled to an equitable share of a service member’s pension and retirement benefits.
DIVORCE—ACTIVE DUTY MILITARY PERSONNEL
According to the Service member’s Civil Relief Act, any action against you in family court, including divorce, can by stayed for an initial period of 90 days. You may have the possibility of extending the stay, depending on your deployment status. Our divorce attorneys can help you understand the best way to handle a divorce petition while you are on active duty.
Active duty may affect your child support obligations. You may have returned home after a long deployment to find you are in arrears of child support that must be paid. As military divorce lawyers, we can review your Leave and Earnings Statement to help you understand how child support will be calculated in your case.
DIVORCE—RETIRED MILITARY PERSONNEL
Whatever you accrued in your military pension during marriage is considered part of your marital estate and will be divided equitably upon divorce. If the marriage and your military service overlapped for more than 10 years, your nonmilitary spouse’s share of the pension may be paid directly by the government to the former spouse under the Former Spouses’ Protection Act (FSPA).
MILITARY SPOUSE BENEFITS
Generally, the longer you were married, the greater your military spouse benefits. Marriages under 20 years yield few additional military spouse benefits, but those that lasted more than 20 years yield more. The 20-20-20 rule provides benefits like PX and commissary rights, medical benefits and cost-of-living adjustments.
LEARN MORE ABOUT MILITARY DIVORCES IN ALBUQUERQUE, NM
Whether you are an active duty service member, retired veteran or spouse of a service member, theAlbuquerque military divorce lawyers at the Gentry Law Firm, can help resolve your divorce through mediation, collaboration, arbitration, or litigation.
We make it easy for service members overseas to reach us, setting up Skype and FaceTime appointments so we can get to know you and understand the details of your case. Learn more about military divorce in Albuquerque, New Mexico. Contact us to schedule an initial consultation.