RPM Law

Military Divorce Archives

Military divorce presents its own type of challenges

Military families face a number of challenges that other Arizona couples may not have to face. Over time, each spouse makes adjustments and learns how to handle these challenges. The same is true when the couple decides to divorce and challenges related to a military divorce need to be addressed.

Divorce and deployment: how can you do both?

As an active service member, you face unique challenges. You move to different locations on a regular basis, and are deployed from these temporary homes to serve abroad. This is enough to make traditional family life tricky, but it becomes especially complicated when you and your spouse are considering divorce. Do you have to face divorce proceedings while deployed?

Double Dipping - Military Retirement Pay and VA Disability Pay

Most people who served or are/were married to someone who served, have heard that you either draw Military Retirement Benefit or VA Disability Compensation. The basic principal behind this is that you cannot double-dip from both money pots. As such, especially in light of the fact that someone can "waive" their Military Retirement(which is taxable) and get VA Disability(not taxable) instead, to get a couple extra dollars, most people choose the tax-free VA money as soon as it is an option.

Military Retirement Division in Arizona Divorces

If you or your spouse are a retired service member that is divorced or divorcing, I have some news for you: in Arizona, the benefits that are received for military retirement can, and likely will be divided, in part, between you and your (soon-to-be) former spouse. That is because Arizona is a Community Property State, which in a nutshell means that any property interest acquired by either spouse during the time of the marriage belongs to both people and at divorce can be split in half.

Military Retirement, Divorce, and the Supreme Court

The Supreme Court is preparing to hear a case on March 20th, that originates out of Arizona. The case Howell v. Howell boils down to a single issue; If a service member is ordered to provide the former spouse a community property share of their military retirement, and the retirement in question is reduced as a result of VA disability pay, does the service member have an obligation to still provide the ordered portion of their retirement to the former spouse, or is that portion reduced as per the Uniformed Services Former Spouses' Protection Act (a 1982 federal law that authorizes state courts to divide up military retirement pay in a divorce).

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