Honoring Service and Navigating Challenges: Military Divorces in Virginia
As we commemorate Veteran’s Day, we extend our deepest gratitude to the men and women who have served in the military. Their sacrifices and dedication to our country are profoundly appreciated. In the spirit of this respect and gratitude, it seems timely to address the unfortunate reality of military divorces in Virginia. These divorces bring forth unique challenges to servicemen and women, particularly in areas like pension division, financial assessments, and child custody considerations.
Dividing Military Pensions in Virginia Divorces
Military pensions are not only a retirement benefit, but also a potential marital asset, subject to division during a divorce. In Virginia, the Uniformed Services Former Spouses’ Protection Act (USFSPA) allows for the treatment of military retirement pay as property, rather than solely as income.
Key Considerations:
Length of Marriage and Service Overlap: The duration of the marriage overlapping with the military service is crucial in determining the share of the pension. The precise duration of the marriage can be found on the servicemembers Form DD-214.
The “10-Year Rule”: While not a limitation for divisibility, this rule pertains to the method of payment. If the marriage overlapped with 10 years of military service, the Department of Defense can pay the former spouse’s share directly.
Determining the Amount: Virginia courts typically use a formula that considers the length of the marriage during the service member’s active duty.
Grossing Up Untaxed Military Income
In divorce proceedings, accurately assessing income is essential, particularly for child support and alimony determinations. Military benefits often include untaxed income components, such as housing allowances or combat pay, which can sometimes complicate this assessment. It can be argued that “grossing up,” which involves adjusting untaxed income to reflect its equivalent if it were taxable, ensures a fair assessment of the service member’s income for support purposes.
Consideration in Support Calculations: This adjusted figure provides a more accurate representation of the service member’s financial capabilities, ensuring that support obligations are based on a realistic income assessment.
Relocation and Its Impact on Child Custody in Military Divorces
Relocation is a significant issue in military divorces, often complicating child custody arrangements. Virginia law prioritizes the child’s best interests, so a court will careful consider how and whether relocation serves the child as well as the servicemember. The transient nature of military life can lead to frequent relocations, demanding adaptable custody arrangements. Potential deployments also factor into custody decisions, requiring flexibility and foresight in planning.
Conclusion
Military divorces in Virginia bring unique challenges, from dividing military pensions to adjusting for untaxed income and navigating the complexities of child custody amid relocation. As we honor our veterans, understanding these distinct issues is crucial in providing them with the informed legal support they deserve. If you or someone you know is navigating the complexities of family law, consider reaching out to an experienced family law attorney like Jason A. Weis, Esq. For further insights and legal assistance, don’t hesitate to explore other posts on my website at www.familylawva.com or my firm’s website at www.curranmoher.com.
