On behalf of Tasha K. Schaffner of Schaffner Family Law posted in divorce on Thursday, August 9, 2018.
Regardless of whether one is part of the military life through service or marriage, a dissolution is a confusing and emotional undertaking that requires accurate information. Those who are seeking a military divorce may struggle to understand the process — including what is truth and what is false information. Kentucky residents who are preparing for this type of dissolution may be best served by seeking accurate information from experienced professionals.
One of the most important aspects of a military divorce is the dividing of pension pay and how much a former spouse is entitled to receive. Without a knowledgeable attorney, it is possible that a military member could wind up signing over more of the pension than a spouse would be entitled to receive. Likewise, the Survivor Benefit Plan is another vital benefit that can be overlooked if one is unfamiliar with this benefit, which allows a former spouse to collect up to 55 percent of a deceased member’s pension under certain conditions.
Another costly mistake is failing to file in the service member’s legal state of residence when seeking a portion of the pension. Furthermore, it is recommended that one does not sign any documents that could give consent to dividing a pension unless one is fully aware of the consequences of doing so. In cases where a service member needs to delay divorce proceedings due to duty obligations, he or she can invoke the Servicemembers Civil Relief Act for a time until his or her situation is more conducive for proceeding.
There are several other matters that require careful consideration during a military divorce. In these matters, it is vital to have as mush access to correct information as possible in order to avoid making a mistake that could have serious financial ramifications in the future. Kentucky residents may be best served by consulting with an attorney who has experience in successfully handling these types of dissolutions.