When a military divorce takes place and the spouses involved in that marriage want to achieve the same results as any other couple that wants to move on with their lives, this process is relatively similar to any civilian divorce. However, there are some complications that can arise, specifically with regards to retirement benefits earned by the member of the military and how those benefits should be divided with the other spouse.
Oklahoma has experienced many different military divorce cases that have created much in the way of confusion with regards to how the retirement benefits that were earned by the service member should be divided when property division is completed. The state is considering a bill that would establish a formula for judges to use when making the determination on this split. Specifically, House Bill 2286 would set the number of years a spouse has been married to a member of the military in determining how much of the retainer pay he or she should be entitled to under the terms of the divorce.
As it stands right now, this type of military pay is treated as joint property in Oklahoma, and many feel that this guideline within the family law system there has led to unfair results for military members. Basically and generally, the current system allows for the non-military spouse to seek half of those benefits if the military member has served for at least 20 years.
San Diego Military Divorce Lawyers
As can be seen above, there are aspects of a military divorce that can be confusing even for legal professionals who spend years dealing with these issues. Anyone who is serving or who has served in the military and who wants to seek an end to a marriage needs to be sure that his legal rights are being properly protected if such a scenario should come to pass.
If you are or were an active member of the military and you are thinking about bringing an end to your marriage, you need to seek the help of San Diego military divorce lawyers who have the experience in both the military and in fighting for the rights of clients that will help you make sure those legal rights are protected. Contact the Men’s Legal Center today to schedule an initial consultation.