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military divorce

Military Divorce

When it comes to military divorce, if one or both of the parties is in the military, the case can create unique issues in comparison to a situation involving two civilians. If you or your spouse has some form of military service, whether active, reserve, or guard, federal law might affect your case.

Dividing Assets From the Military can be complex. The Uniformed Services Former Protection Act or “USFPA,” the Service-members Civil Relief Act or “SCRA,” and the Virginia Military Parents Equal Protection Act, among others, provides different types of benefits both during service, post-service and retirement including:

  • Military retirement
  • Survivor benefit plans
  • “FERS” or Federal Employee Retirement System
  • “URFS” or Unremarried Former Spouses
  • Tricare Prime, Tricare Standard, Tricare Extra, Tricare for Life or “TFL”
  • Thrift Savings Plan or “TSP”
  • CSB or REDUX and Cost of Living
  • Adjustment or “COLA”
  • Survivor benefit annuity
  • Military disability pay
  • Child support
  • Spousal support

 

Retirement benefits under the Uniformed Services Former Spouses’ Protection Act or the “USFSPA” have specific rules regarding calculation and division upon divorce. It is important to consult a lawyer prior to dividing military retirement benefits to best understand your rights and to prevent the loss of any benefits.

The attorneys at ROOP XANTTOPOULOS BABOUNAKIS will bring their experience, empathy and talent to work for the best interests of you and your family. If you would like to request an appointment, please contact our family law firm by calling 703.442.0040, or by sending us an email.

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