Divorce is challenging for anyone, but for current and former military personnel, it presents a unique and often more stressful set of hurdles. These challenges are not just emotional but also legal and financial, requiring an experienced team of attorneys to navigate.
The emotional toll of divorce can be particularly heavy on those who have served. https://pmc.ncbi.nlm.nih.gov/articles/PMC4472413/ According to research by Purdue and San Diego State University, unlike servicepeople who remain married, recently divorced military members are significantly more likely to develop new-onset posttraumatic stress disorder (PTSD) and depression. They may also experience an increase in smoking, binge drinking, and alcohol-related problems, as well as moderate weight gain. However, the same study found a silver lining, However, they were also more likely be in the highest 15th percentile of physical functioning and were able to deploy within the subsequent 3-year period after divorce. With a good team of lawyers, such as KHK, you can rebound.
When it comes to the legal and financial aspects, military divorce requires a lawyer with a deep understanding of both federal and state laws. A major piece of legislation is the Uniformed Services Former Spouses’ Protection Act (USFSPA), https://www.dfas.mil/Garnishment/usfspa/legal/ which allows states to divide a veteran’s “disposable retired pay” as marital property4. However, a critical distinction exists: federal law prevents states from dividing a veteran’s disability benefits.
Since 2017, the Supreme Court has prohibited state courts from ordering servicemembers to reimburse former spouses for reductions in property awards due to waivers. However, neither the Court nor Congress has addressed whether servicemembers can consent to such reimbursement in divorce agreements. This lack of clarity has worsened inequities the USFSPA aimed to solve. This Note argues the USFSPA permits contractual indemnification, but further measures are needed to protect former spouses’ property interests. The federal government must empower state courts to rectify the “dire plight” imposed on former spouses of military marriages by the USFSPA.
Legal scholars looked closely at the importance of the case. https://scholarlycommons.law.wlu.edu/wlulr/vol82/iss1/9/
The U.S. Supreme Court case, Howell v. Howell, https://www.supremecourt.gov/opinions/16pdf/15-1031_hejm.pdf reinforced this federal prohibition6. The Court ruled that a state court cannot order a veteran to pay back a former spouse for the loss in retirement pay that occurs when the veteran waives a portion of it to receive disability benefits. This case highlights a significant challenge in achieving an equitable distribution of military rewards in a divorce.
Divorces involving current or former service members are intricate, blending complex emotional factors with legal specificities that can leave individuals feeling overwhelmed. Navigating these challenges successfully requires a comprehensive understanding of the military lifestyle and the federal laws that govern it.
Contact KHK for a free consultation with our expert attorneys.
