Family Law

San Jose Divorce Lawyer Discusses Military Divorces

By Scott Sagaria

San Jose Divorce Lawyer Discusses Military Divorces

Sharon Soonhoo has recently written an interesting article addressing Military divorces. There are many people who are in the military who are contemplating divorce. Many of these people also have military financial assets that they are concerned about when contemplating divorce. The division of military assets on divorce is a bit different from that of a normal civilian divorce. For example, federal legislation entitles active members of the armed forces to delay a divorce and to court-appointed counsel in certain cases. This is governed by the Service Members Civil Relief Act.

Miltary pensions are also an asset that is not dealt with in civil divorces. Military pensions like civilian pensions are divisible on divorce, however, they are subject to different rules than the common Qualified Domestic Relations Orders for private retirement accounts or Domestic Relations Orders for state and municipal pensions.

Alimony and child support also have special rules that govern them. The reason for this is because calculating income and collecting support can be more complicated because of regulations governing active or retired members of the military. All of this has to do with ?disposable retirement income? when dealing with support orders.

Our attorneys at Sagaria Law can advise you if you are thinking about getting a divorce and can answer all of your family law questions. Our attorneys here at Sagaria Law would be happy to meet with you for a free consultation to go over your specific situation regarding divorce or other family law issues. Please contact us for a consultation at one of our offices in Salinas, Monterey, San Jose, Fremont or Redwood City.

Full post as published by California Family Law Blog on May 09, 2008 (boomark / email).