Monday, August 1, 2016

A Maryland Military Divorce primer regarding retirement benefits

Specific state and federal laws govern military divorce. Civil courts will preside over divorces for military personnel, just like they do for civilians. Some differences in the law will apply to a military divorce, however. One such difference involves military pensions.

Divorce basics
In order for a Maryland family law court to have jurisdiction over a military divorce, a member of the U.S. armed services or his or her spouse must reside in the state or be stationed there. An active duty military member, unlike a civilian, cannot "default" on divorce proceedings. These state and federal laws protect soldiers from becoming divorced without knowing it or having a reasonable amount of time to handle divorce proceedings.

The local Maryland court that has jurisdiction may postpone the divorce until the military member is no longer on active duty. If the military member so chooses, however, he or she can waive this right and move on with the divorce. In addition, that member must be personally served with divorce papers, they cannot be mailed.

Dividing assets
Maryland state law governs property division in divorce. Maryland is an "equitable distribution" state, meaning that the presiding judge will divide marital assets fairly, not necessarily equally, once the divorce is finalized. Military pensions are marital property and will be included in the equitable distribution settlement.
Twitter Delicious Facebook Digg Stumbleupon Favorites More