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Military Divorce: As a military service member, your divorce is not the same as most divorces. Your status offers many unique issues, such as support for your spouse and children, how to dispose of your assets, including your military retirement, and issues of custody for your children. http://www.trooflaw.com/military-divo... • What support is my spouse entitled to? • According the UCMJ and the Milspers Manual, your spouse may be entitled to up to one third of your BAH and Base Pay. This is up to your command to decide if no court action is taken to establish support. If a civilian court enters an Order for Support, or denies your spouse support. The military must honor this court Order. • What about my support for my children? • Your children are also entitled to support under the UCMJ in addition to your spouse. If you have a spouse and children, the maximum support you can pay is two thirds of your BAH and Base Pay. This can also be replaced by a Civilian Court Order. • What happens to my retirement? • Your military retirement may be subject to division with your spouse. The amount your spouse is entitled to depends on how long your spouse is married to you while you are in the military. The longer the marriage the more your spouse will be entitled to. How your spouse is paid is also dependent on how long you are married. • What about the other assets I have? • Assets such as cars, houses, investments, IRA’s and other retirement plans may also be subject to division with your spouse. It depends on when they were acquired and who will keep them, etc. • How is custody of my children decided? • The court will have to decide the custody of your children if you and your spouse are unable to figure out the custodial relationship for your children. The courts will look at your deployment schedule, who has primarily cared for the children, and which parent is in the best condition to take care of the children. Depending on the age of your children, they may also have input in this decision. • These are just some of the issues that need to be resolved, and your attorney needs to be well versed in all of these issues to properly represent you. If you wish to receive more detailed information, go to my website or give my office a call to set up a no obligation consultation appointment. • For more information: trooflaw.com • • Military Divorce: What Every Service ... • military divorce • military divorce virginia beach • divorce • Timothy Wade Roof • TrooflawVideo
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