When military couples in the Dayton area reach the end of a marriage, there are a number of unique issues that they will have to resolve. We've discussed a number of these previously on our Dayton family law blog. One seemingly simple question, however, may not be so simple: where should you divorce?
Health care is a major concern for Dayton residents today, as it is for Americans across the country. Military service members and their families are fortunately able to obtain comprehensive care through the TRICARE program. In the event of a military divorce, TRICARE eligibility is something that separating spouses and their legal teams will want to take into consideration.
Divorce is hard. Whether an Ohio resident has been in a long-term marriage or recently married their spouse, coming to the decision to end one's legal relationship with their spouse is a difficult and painful process. Aside from the emotional decisions that they will have to confront to ensure that they are protected as they transition into single lives they must also meet the technical legal requirements that their jurisdictions impose upon them for the completion of the divorce process.
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.
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.
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.
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.
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.
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.
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.