Can a military spouse keep their spousal benefits?

Military members and their spouses, just like people who have no military connection, may decide to legally separate. Sometimes, they have hope that their marriage can be restored. Some may decide to enter a legal separation indefinitely so that the nonmilitary spouse can retain some spousal benefits.

How to avoid going to court with your military spouse?

Voluntary allotment — Avoid going to court by asking your spouse to set up a voluntary allotment with the financial office, which will automatically distribute a set amount of your spouse’s pay to you. Since this is a voluntary process, your spouse can elect to change or stop the allotment at any time.

What happens if a military spouse fails to pay support?

Your spouse could be punished under Article 92 of the Uniformed Code of Military Justice for a violating a lawful general regulation if he or she fails to pay support.

Can a military spouse change an involuntary allotment?

Since this is a voluntary process, your spouse can elect to change or stop the allotment at any time. Involuntary allotment — The military cannot deduct money from a service member’s pay without his or her consent, unless a civilian court orders a garnishment or involuntary allotment.

Can a military spouse be in the military?

If you do not agree to a no adultery clause, you cannot, in the eyes of the military, be a spouse. No DEERS. No Tricare. No SGLI. Adultery and the resulting divorce take a toll on our military by taking a toll on the wonderful men and women who serve. Expectations of good conduct and forthrightness should cut both ways.

Can a military spouse get a pre-nup?

This is called a pre-nup. Service Members should exercise their ability to get a pre-nup prior to marriage, as should the spouse. Prenups aren’t worth the paper they’re printed on. We need a LAW as ironclad as the laws which govern military service.

How long does a military spouse have to be married to get DFAs?

But as long as the couple was married for at least 10 years during the member’s career, DFAS will pay the former spouse’s share directly to the former spouse. This so-called 10/10 Rule has created a myth that spouses with fewer than 10 years of marriage are not entitled to a share of the military retirement.

Your spouse could be punished under Article 92 of the Uniformed Code of Military Justice for a violating a lawful general regulation if he or she fails to pay support.

How is retirement pay distributed to military spouses?

Federal law leaves it to the states to consider whether retirement pay is property that can be distributed. States are not required to award this to a nonmilitary member spouses, but if they do, the law of the state is controlling.

Can a military spouse get divorced under the UCMJ?

The only sure way to avoid a criminal charge of adultery under the UCMJ is to wait until a state court grants you a final divorce decree, thereby making you “single” again. Military divorce and separation issues are fairly complex because they may be governed by a combination of military codes, state divorce laws and Federal statutes.

Are there any military lawyers that do divorce?

Although military personnel and their family members have access to free legal services provided by the Judge’s Advocate General’s Corps (military officers who are also lawyers), military lawyers are not usually familiar with state divorce laws.

Can a military spouse see a military lawyer?

Depending on the service branch, the other married individual can see another attorney in the same or different location. Legal assistance attorneys do not represent clients in court. The Servicemembers Civil Relief Act helps protect service members’ legal rights when they are on active duty.

Can a nonmember spouse receive military retirement pay?

States are not required to award this to a nonmilitary member spouses, but if they do, the law of the state is controlling. State courts can decide to award a portion of the retirement pay to the nonmember spouse even if the military member has not yet retired.

Where can a military spouse file for divorce?

Divorce laws allow service members and their spouses to file for divorce in either the state where the service member is currently stationed, the state where the service member claims legal residency or the state in which the nonmilitary spouse resides.

How can I contact a family member on active duty?

If you can’t reach a family member on active duty in an emergency, contact the American Red Cross. Their Hero Care Center will get information from you and relay it to the service member. You can reach the Red Cross: Through an online request (You’ll first need to create an account .)