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Military Divorce Needs Specialized Guidance And Support

On behalf of Tasha K. Schaffner of Schaffner Family Law posted in divorce on Thursday, February 16, 2017.

Ending a marriage will always be a complicated process with many legal intricacies. When it is a military divorce, federal law and the complexities of military life make the process even more challenging. For this reason, any Kentucky resident who is involved in the military and considering a divorce might achieve the best outcome with the support and guidance of an attorney who focuses on military divorce.

Here are some of the intricacies that might be missed by an attorney who is not familiar with military family law. The Uniformed Services Former Spouses Protection Act rules that military retirement can be included in the property division process. However, calculating an equitable settlement that includes inflation adjustments is complicated.

In addition, the Survivor Benefit Plan protects the spouse of a retiring service member, but the legal aspect becomes complex when the couple is no longer married upon the member’s death. If the issue was not addressed during divorce proceedings, it might be too late. Similarly, the division of retirement money must form part of the divorce procedure and not left until the service member reaches retirement age.

These are but some of the questions often asked years after a military divorce — which, sadly, is too late. The mentioned issues often arise for the spouses of service members, who themselves have to deal with complicated legal matters. Cutting corners in a military divorce may be detrimental to both. Securing the support and guidance of a Kentucky attorney who is skilled in the military-specific procedures and jurisdictional requirements may be the most appropriate step to take.

Source:, “Don’t Cut Corners During a Military Divorce“, J.J. Montanaro I, Accessed on Feb. 10, 2017

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