Hartley Law Office, LLC

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Posts tagged "Military Divorce"

Military survivor benefits for ex-spouses

Military service members, both active duty and retired, have the option of taking out what is called a Survivor's Benefit Plan. These plans are partially funded by the government and are set up to be deducted monthly from the military member's pay. If a service member elects to go without an SBP plan, then all benefits cease upon death of the retiree.

Will active military duty hurt me in a child custody case?

You want to protect and provide for your children, but when a divorce occurs in Ohio, it can be quite difficult to maintain the family unit and to provide the comfort and security your children need. When parents go their separate ways, the kids get caught in the middle. This is why custody arrangements are made. They help ensure your children get to maintain a relationship with you and their other parent. When one parent is in the military, though, this can complicate things.

What is the Uniformed Services Former Spouses’ Protection Act?

If you are involved in a military divorce in Ohio, then you should know and understand the Uniformed Services Former Spouses' Protection Act. The USFSPA, according to Defense Finance and Accounting Services, gives you the right as a spouse of a military personnel the chance to be awarded a portion of your spouse's military retired pay in your divorce settlement.

What is the 20/20/20 military divorce rule?

So, you are a resident of Ohio and married to a member of the U.S. Armed Forces, and a divorce is in your near future. Odds are, you have a lot of important decisions to make, from where you will live to what will happen to any children you and your soon-to-be-ex spouse may share. A common question asked by many military spouses heading for divorce is what will happen to military benefits once the divorce is officially final.

Your spouse's military benefits don't all end with divorce

When you get a call from your commanding officer at Wright-Patterson Air Force Base, you can't refuse it. Those orders could take you away from your family in the middle of the night, they could send you out of the state and could leave your spouse and children (if any) on their own for days, weeks or months, and sometimes longer. Living under those conditions could cause your marriage to break down.

What is the Uniform Deployed Parent Custody and Visitation Act?

While determining the terms of divorce can be difficult for any family, the unique circumstances that are involved if you are part of a military couple in Ohio can make the situation even more confusing. Short- and long-term deployments, extra duties and other constraints can make it hard for you to create a stable, permanent parenting plan. The National Conference of State Legislatures reports that lawmakers have passed the Uniform Deployed Parent Custody and Visitation Act in an attempt to relieve some of the stress and pressure placed on a military parent.

Special considerations in a military divorce

During a divorce in Ohio, if one spouse is in the military, there may be special considerations that have to be made. Military members being called for active duty and the receipt of veterans’ benefits can play into divorce settlements. Federal laws set regulations for the use of military compensation for alimony and child support. The Ohio Revised Code specifically outlines some regulations for parenting time for parents who get an order for active military service.

How are child support and custody handled in military divorces?

If you are a member of the military in Ohio facing divorce, you are no doubt concerned about things like child custody and support. These two areas can differ quite a bit when compared to civilian divorces, particularly when considering the type of lifestyle many military members lead as they serve their country.

U.S. Supreme Court taking up case on divorce and military pensions

Military divorces can involve a range of unique things, including unique assets. One type of asset that could end up taking center stage in such a divorce is a military pension. Lawyers skilled in military divorce issues can give veterans and spouses of veterans here in Ohio guidance on pension-related matters and other special concerns that can arise in military divorces.

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