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Special financial considerations in a military divorce

On Behalf of | Apr 5, 2019 | High-asset Divorce

In general, a Nebraska divorce will be governed by the property division and child custody and visitation laws of this state. However, for those many men and women who are serving their country in the Omaha area, their divorce or legal separation may involve some unique complications because of their active duty status.

For instance, one of the biggest benefits military members enjoy is a regular pension upon retirement. Under federal law, these pensions will get divided according to state law. In Nebraska, this means a judge will divide the pension equitably between the couple.

However, there are some federal laws that remain in play in such cases. For instance, the federal government will only divide or garnish a pension directly in certain limited circumstances. As such, it may be important for any agreement to specify whether and how a military servicemember is going to share his pension with his spouse.

Members in the military who are involved in a divorce, and their spouses, will also need to give careful consideration to how benefits and other perks of being in the military will play out once a divorce is finalized. For instance, health benefits, savings plans, and the like are all things military personnel need to consider. Special rules may apply with respect to these benefits.

On a related point, how much a servicemember makes in terms of fringe benefits, like free housing and the like, can affect his child support.

On the whole, military divorces and separations, and even non-divorce custody and support matters, can be complicated. It is generally a good idea for someone affiliated with the military to speak with a family law attorney in such circumstances.