If you or your spouse are in the military and you’re getting divorced, it’s essential that you choose an attorney who understands your unique needs. At Kendall Gkikas & Mitchell, we understand the unique needs of a military divorce and are highly experienced in how to handle it. Read on to learn about the four issues you must insist your divorce attorney understands about military divorces and then contact us at 909-482-1422 to set up your consultation.
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Child support can be more complicated for military personnel
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Spousal support and alimony may be different
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Military retirement benefits may or may not be applicable
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It’s essential to understand military disability
In some cases, the amount of a typical child support amount may make up a large portion of a military salary. Remember that the purpose of child support is not to help the former spouse continue their quality of life – that’s what spousal support is for, if applicable. Child support has a single purpose: Ensuring that the child has what they need and that the non-custodial parent is contributing their fair share financially.
If you’re divorcing a member of the military and you either didn’t work outside of the home while you were married or you made significantly less than your spouse, then you may be eligible for spousal support. The purpose of this type of support is to ensure that a family member who stayed home to take care of the home and / or raise the kids is compensated for that sacrifice.
There are a wide range of factors that will affect any spousal support or alimony given to a military spouse, including how long the couple was married, their standard of living during the marriage, what a prenuptial agreement says, the earning capacity of the spouse that’s requesting alimony, any cases of domestic violence in the relationship, custody arrangements, how assets and property are being distributed, and the age of both members of the couple.
In many military divorces, the military retirement benefit is actually the large asset among the couple. Dividing this benefit will vary based on what other assets there are to break up in the marriage and what the date of separation. Many people believe that the spouse of a military member automatically gets a portion of the military retirement – even if they were only married for a few months. This is simply not the case. For more information, contact Kendall Gkikas & Mitchell.
In many cases, members of the military are rated for medical disability prior to leaving the service. As time goes on, that disability rating may go up. However, the disability part of the retirement benefit can’t be divided up by the military. As a result, any disability can have a huge impact on the payments made to the military spouse.
Work with an attorney who’s seen it all before
When you choose Kendall Gkikas & Mitchell, you’re choosing a law firm that’s been through all these issues and more. We are ready to handle your military divorce. Just call us at 909-482-1422 and we’ll get your consultation scheduled.
