A tough, no nonsense divorce and custody lawyer for women only who reside in Virginia Beach and Newport News.
Virginia divorce can be a complicated and stressful process for anyone, and those who are going through a military divorce will have some extra rigors to face because of the federal laws that apply to ending a military marriage.
While the USFSPA does provide the military spouse with certain protections under the law, the non-military spouse still has a great many rights and should be aware of this fact. Working with a Virginia divorce attorney who has familiarity with the issues inherent in a military divorce can help you to protect your rights.
The USFSPA and the 10/10 Rule
There is sometimes confusion regarding the 10/10 rule. Some former spouses of military members are under the impression that unless they meet the 10/10 requirements, they are not eligible for any portion of their spouse's retirement pay but this is not accurate. If you're married to a military service member and are going through a Virginia divorce, you can still receive a portion of your ex-husband's military retirement pay if you don't meet the 10/10 requirements but there will be some differences in the amount you receive and the method in which you are paid.
For couples that do meet the 10/10 requirements, the U.S. military pays the ex-spouse of the service member automatically. The payments are issued through the Department of Defense's Finance and Accounting Service.
If you and your husband were married for less than 10 years, you may not receive the full 50% of his retired pay, and the payments will come from your husband, not the Department of Defense.
A Virginia divorce court will make a judgment regarding how much of your husband's military retired pay you are to receive and it will be included in your divorce decree. It is your husband's responsibility to pay you the portion you were granted.
In a military divorce, as in any divorce, it pays to know your rights. You may hear your husband or his attorney say that you aren't eligible to a portion of your husband's retired pay for whatever reason, but don't take it as fact until you've investigated. If anyone asks you to waive your right to receive a portion of your ex-husband's military retired pay, don't agree to it unless you first speak with a Virginia divorce attorney who has experience with military divorce.
The Virginia divorce attorneys at Hofheimer/Ferrebee are committed to fighting for your rights, assisting in child custody disputes and advocating that you receive everything you are entitled to and need in order to start your new life.
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
Subscribe to our mailing list and receive tips, articles, and information to help you get your life back on track after the divorce. 
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:
