Military Divorce Lawyers

What to know before filing for a military divorce in Nevada

Given the complexities of military divorce, you should consult with a divorce lawyer about the following requirements and issues before you decide to proceed.

1. Residency Requirements: Both spouses must meet Nevada’s residency requirements before filing for divorce. Typically, one spouse must have lived in Nevada for at least six weeks before filing.

2. Jurisdictional Issues: Military divorces can be complex due to potential deployment or residency in different states or countries. Understanding jurisdictional issues is crucial to ensure the divorce can proceed in Nevada.

3. Military Benefits and Property Division: Military pensions, healthcare benefits, and other assets may be subject to division during the divorce process. Understanding the implications of military benefits and how they are divided under Nevada law is essential.

4. Servicemembers Civil Relief Act (SCRA): The SCRA provides certain legal protections to active-duty service members, including the ability to postpone legal proceedings during deployment. It’s important to consider how the SCRA may affect the timing of the divorce process.

5. Spousal Support: Spousal support, or alimony, may be awarded depending on the financial circumstances of each spouse. The court will consider factors such as the length of the marriage, each spouse’s earning capacity, and any financial hardships resulting from military service.

6. Child Custody Support (if applicable): Child custody and support arrangements must be determined during the divorce process. Factors such as deployment and relocation may impact custody decisions, requiring careful consideration.

Military retirement benefits as marital property

Military retirement benefits are a significant asset in divorce cases and subject to division.

The Uniformed Services Former Spouses Protection Act (USFSPA) governs the division of military retirement benefits in divorce cases nationwide, including those in Nevada.

USFSPA does not guarantee a spouse any portion of the military member’s retirement benefits automatically.

Under the USFSPA, state courts determine how to treat military retirement pay as marital property subject to division in divorce settlements.

So, in a Nevada divorce case, the court would follow the provisions of the USFSPA to determine how to divide a military member’s retired pay, pension, or disability benefits between spouses.

The specific entitlement and division would be subject to the laws and regulations of Nevada law and the court’s discretion.

Also, Nevada law does not require the court to divide the benefits. The court will consider multiple factors, such as the length of the marriage, the civilian spouse’s earnings or potential earnings, and their contribution to the success of the military member’s career, before deciding on the amount of the benefits to be divided.

As you can see, understanding the division of military retirement benefits can be complicated, so it’s important to work with a divorce attorney like those at Smith Legal Group who knows all federal and state laws related to military divorce cases.

Protecting federal disability benefits

Military members who retire with a service-connected disability are entitled to disability benefits from the Department of Veterans Affairs (VA). These benefits are non-taxable and cannot be directly divided as property in a divorce.

However, these benefits may be considered when calculating the amount of disposable retired pay available for distribution to a former spouse.

The service member may also elect to waive a portion of their disposable retired pay in exchange for an offset in the amount of their VA disability compensation. This offset would reduce the disposable retired pay subject to distribution to the former spouse and protect the service member’s disability benefits.

Impact on military housing

When a couple living together on a military base divorces, several potential scenarios may unfold such as:

Being aware of these outcomes can help you make important decisions about housing during and after the divorce.

Therefore, it’s advisable to seek guidance from legal and housing professionals familiar with military regulations and procedures.