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How the USFSPA Affects Military Retired Pay
Under the USFSPA, a former spouse of a military service member may be eligible to receive up to 50% of the military member's retirement pay. This applies if the couple was married for 10 years and the serviceperson performed creditable military service for all of those years. You can still receive a portion of your husband's military retired pay after military divorce even if you do not meet those requirements but the payments would have to come from him and would not be paid automatically through the Department of Defense. How the USFSPA Affects Child and Spousal Support
The USFSPA also gives a basic rundown of how a military member's spousal support (alimony) or child support payments are paid and enforced after a Virginia military divorce. Once again, the USFSPA does not make rulings on spousal support or child support; it leaves that up to a Virginia divorce court.
When the court has made its final decision regarding spousal support or a child support order, the payments can be made to the custodial parent directly through the Department of Defense, specifically, the Defense Finance and Accounting Service (DFAS).
If the former spouse who is a service member defaults on payments of Virginia child support or spousal support, the payee can ask the DFAS to help enforce the order. Military members are held to a high standard when it comes to supporting their families, both before and after a Virginia divorce.
Many important issues in a military divorce can be worked out through divorce mediation. Divorce mediation involves you and your spouse sitting down and communicating in order to come to mutually satisfying agreements on issues like division of property, spousal support and child custody. A trained divorce mediator (usually an attorney) facilitates the negotiations.
The option of mediation is a viable one for couples who want to save themselves the emotional and financial strain of a divorce trial. Just be sure to have your own lawyer with you during mediation. A military divorce presents unique issues and requires a Virginia divorce attorney who is knowledgeable about the laws involved. Contacting a Virginia Divorce Attorney
The decision to file for divorce usually comes at the end of a long and painful journey. In addition to the emotional turmoil involved, there's also a lot of fear and uncertainty about what the future holds. Concerns about children, mortgages and even just paying the bills or buying groceries can easily become overwhelming.
What Every Virginia Woman Should Know About Divorceis full of thoughtful steps and practical tips that will help you during your separation, divorce, or child custody case including:
-- 20 guidelines for "separation under the same roof"
-- 13 critical factors used to determine spousal support
-- 3 types of property classification recognized by Virginia courts
-- 10 factors your judge must consider in a contested custody case
-- a formula to determine your percentage share of his retirement benefits
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What Every Virginia Woman Should Know About Divorce is full of thoughtful steps and practical tips that will help you during your separation, divorce, or child custody case including:
