No divorce is easy but military divorces can be especially complicated. In addition to all the typical issues involved in a divorce, there are also issues specific to active and retired military personnel. The good news is that Kendall Gkikas & Mitchell is an experienced military divorce lawyer who can help with your case. Read on to learn about some of the issues specific to your military divorce and then call our offices at 909-482-1422 to set up your initial consultation.
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Child support can be different in military divorces
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Spousal support is often granted
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The military retirement benefit is often the largest asset in a divorce
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Military disability can affect spousal support
In the event the married couple has one or more children and child support is necessary, it’s important to have an attorney who understands that this support can make up a large amount of the active or retired military personnel’s military pay. At Kendall Gkikas & Mitchell, we’re always sure to explain to everyone involved that the purpose of child support is to take care of the child – not to take care of the other parent.
Spousal support, once more commonly referred to as alimony, is payment from one spouse to another after the divorce. When it was initially instituted, it was for the sake of women who had been stay at home mothers for years. When they divorced, they didn’t have the job experience and skills to support themselves right off the bat. As a result, they would get spousal support for a limited period of time.
Many people believe that spousal support is permanent but in fact it generally isn’t. There are only a few instances in which alimony becomes permanent, and those instances involve marriages that lasted at least ten years and there is a specific reason that the spouse receiving support will never be able to support themselves.
In the case of military divorces, the military retirement benefit is often the largest asset in the entire divorce. The division of this military retirement benefit depends on a wide range of things, including what other assets were shared during the marriage as well as the date the couple separated. Despite what many people believe, the spouse of a military person is not automatically going to get military retirement – it depends on the duration of their marriage.
It’s not uncommon for a member of the military to be rated for a medical disability while they’re still in the military. As time goes on, this disability rating often goes up, and since the portion of the disability portion of the retirement benefit can’t be divided directly by the military, it can have a huge effect on spousal support after a divorce.
If you or your spouse are in the military and are considering getting a divorce then you need an attorney who has experience with the complexities of a military divorce. Reach out to Kendall Gkikas & Mitchell today at 909-482-1422 to get started.
