A divorce concerning someone in the military is understandably more complex than a divorce for a civilian as it is affected by a number of federal laws concerning military members. Below are a number of myths or misperceptions that are commonly heard. Don't I need a "military divorce"? Reality: Military members and those retired from the military may only obtain a divorce from the state courts, in a manner similar to that of a civilian.
There is no such thing as military divorce. Reality: The trial courts are not required to use any particular formula, and often do not. The court can base the division of the retirement on the date of separation and allocate a little or no portion to the non-military spouse if there are other assets in the marriage. Reality: While the parties are separated, there is no requirement under state law for one party to send the other funds. Of course, there are often military regulations that may require a transfer payment depending on the circumstances of the case.
However, the allotment set by the servicemember before the separation is often greatly in excess of what is required. Although one should not file for a divorce prematurely, delaying the divorce will often increase the size of the claim that the spouse will be able to assert against the military retirement. The spouse's claim for maintenance will also likely increase under Washington law as one of the factors that is considered is the length of the marriage.
Setting up a large allotment to the spouse will benefit the servicemember. Reality: Making a single or multiple large sum payment to the other party often does little to benefit the servicemember.
The court will likely not permit the servicemember to receive an offset for the earlier payment made. Furthermore, the spouse of the servicemember will likely try to characterize the payment as payment on debt. Setting up a large allotment, significantly above what is necessary, is unwise as it increase the expectation for the spouse to continue to large payments on a long term basis. The court may later conclude that the servicemember has a large ability to pay a significant amount of maintenance for a long duration.
Employing a civilian lawyer is the best course of action in most cases. If you are low income, you might qualify for legal help from a non-military legal aid organization. Then search for "divorce. The amount of child support in a divorce is determined by state law.
- Divorce Laws for Army Members Stationed in Washington State.
- Average Costs of Divorce In Washington.
- Helpful information and useful resources about pursuing a divorce while in the military..
It is ordinarily based on the total entitlements that is base pay, Basic Allowance for Housing, Basic Allowance for Subsistence, and any special pays of the servicemember. Generally, once the amount of child support has been set by a court, only a court can change it. Changin the amount requires another court hearing or else the consent in writing of the other party, set out in a "consent order.
However, before a court has determined the amount of child support, you can get assistance directly from the military. Each of the services except the Air Force has rules on how much the parent should pay. The court should also understand the potential for those amounts to change based on deployments, base transfers, and other factors. Generally, states provide for the direct payment of child support by "garnishment," or wage assignment.
This order must meet specific requirements before DFAS will provide a "wage garnishment" i.
Divorce Laws for Army Members Stationed in Washington State
The local JAG or military legal assistance attorney can explain how to do this so that the pay center will act on the order. The former spouse:.
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- Information on Military Divorce in Washington State.
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The scope of coverage is the same as that for federal employees. Service members have the option to contribute to a Thrift Savings Plan during their active service. Many people overlook this asset when going through a divorce.
What are the requirements for a divorce in Washington State?
This TSP can be divided between the parties. It can also be given to one party in exchange for some other asset. The person named as the "beneficiary" of the Plan - usually a spouse or former spouse - will get ongoing payments after the service member dies. Without SBP coverage, the pension payments end when the service member dies. The court can require SBP coverage upon divorce.
For those retiring from active duty the cost of SBP is 6.
This premium is deducted from the member's retired pay. There may only be one adult beneficiary for SBP. So the benefit cannot be divided between, for example, a current spouse and a former spouse. The benefit is suspended if the former spouse remarries before age But the coverage will be reinstated if that remarriage ends with death, divorce or annulment. If your spouse is currently serving overseas or stationed in another remote area as an active duty member of the military, this can be a fairly difficult process, requiring strict compliance with several important steps.
Similarly, if you are the deployed military member, the courts work hard to ensure that you have fair representation and an opportunity to be heard.
Just because you are overseas or on a remote assignment, does not mean that we cannot effectively represent your interests. We frequently work with members who are even stationed in war zones such as Afghanistan and Iraq. We can also still help you file for divorce even if you will not return to the Spokane area for a significant period of time.
Asset division in a civilian divorce and a military divorce have a lot in common. If the former partners cannot agree on how to divide their family home and other valuable assets, the courts will make the decision for them based on state laws dictating community and separate property. However, there are important differences you need to know about when it comes to division of some assets specific to service members.
Military Divorce Process in Washington State | Divorce Lawyers for Men
There are federal laws that dictate when and how courts can divide or distribute military retirement plans. If the marriage lasted less than 10 years, the military will not honor an order to share any military retirement income with the former, nonmilitary spouse. If the marriage lasted longer than a decade, the court has the power to order the retirement split between the spouses and the military will honor a direct payment according to this order.
This does not mean that the community retirement of less than a year marriage is lost: It simply must be factored into other aspects of a property division. It is important to note that the court does not consider military disability pay from the U. Department of Veterans Affairs divisible, so you cannot directly collect a portion of this type of income from your former spouse. Again, experienced legal counsel can often persuade the court to make other accommodations to the non-military spouse from other assets.
Filing Requirements
Contact Us Today. Washington has published child support schedules that apply to any couple with children who seek a divorce. These guidelines apply the same way to an active duty member of the military and to a civilian. By making the court aware of all income sources, an appropriate child support payment can be calculated.