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Springfield Military Divorce Lawyers

Going through a divorce can be complex, stressful and emotionally draining.

If you are in the midst of a military divorce in or near Springfield, Tennessee, or are considering initiating divorce proceedings in the near future, it’s important to have an attorney with the background and experience necessary to help you effectively pursue and protect your rights.

Keep reading to learn more about military divorce and see how the Springfield military divorce lawyers at Batson Nolan PLC can help you move forward today. Contact us directly to speak with a military divorce attorney.

Complicating Factors In A Military Divorce

According to recent survey data, the job with the highest divorce rate in 2019 was military work, with an estimated 3.09% divorce rate among service members. When it comes to military divorces, there are a number of factors that can make the process feel more complicated than civilian divorce.

Jurisdictional Challenges

Service members are frequently stationed in states other than the state of their primary residence. And in many cases, they may even be stationed overseas. As a result, military divorces often involve complex jurisdictional challenges that must be addressed.

Determining when and in what state you can file for divorce will ultimately depend on the specific facts and circumstances surrounding your case. However, an experienced military divorce attorney can help you understand your rights and determine how best to move forward.

Deployment And Child Relocation

As with civilian divorces, child custody matters are an important topic that frequently arise. In a military divorce, where one or both spouses are at risk of deployment, this can have a significant impact on child custody and visitation arrangements.

If you receive a permanent change of station (PCS) order and wish to relocate your child with you, Tennessee courts will ultimately do what is in the best interest of the child. While there is no guarantee that a court will allow you to do so, know that you do have options.

Division Of Military Benefits

Generally speaking, under Tennessee law, marital property in a divorce is subject to equitable, not necessarily equal, distribution between the parties. However, in a military divorce, the spouse of a military service member may be entitled to a portion of certain additional property and benefits. For example, an ex-spouse may be entitled to the equitable division of:

  • Pension income (military retirement pay),
  • Disability pay,
  • Thrift Savings Plans (TSP), and
  • Survivor Benefit Plans (SBP).

Determining the appropriate calculation for the division of military benefits can be complicated and confusing. You should consider consulting with a qualified military divorce attorney to gain a better understanding of your rights.

The USFSPA

The Uniformed Services Former Spouses’ Protection Act (USFSPA) was enacted by congress in 1982. It was enacted in response to a Supreme Court ruling in 1981, essentially stating that Federal law did not give the courts the authority to award any share of a service member’s retirement to the ex-spouse in a divorce related property-division. In that ruling, however, Justice Blackmun wrote for the majority and stated that they invited Congress to change the Federal laws so that ex-spouses could receive their fair portion of such funds. Congress responded by enacting the USFSPA the following year.

The Essential Elements of the USFSPA

The USFSPA has a bright line test in a rule that has come to be known as the 20/20/20 Rule. This rule essentially states that a civilian ex-spouse of a service member can continue to receive military spousal benefits if:

  • The parties were married for at least 20 years;
  • The service member was an active member of the armed forces for at least 20 years; and
  • The marriage must have overlapped the service member’s active military time by at least 20 years.

Divisible Property

Obviously, military pensions are valuable assets, especially when you consider the fact that some people can retire by the age of 39 or 40 – which means that they will be getting their military pension pay for many years to come. The USFSPA categorized such pensions as “property” as opposed to “income” for the purposes of divorce. So now, each state court must treat the disposable military retirement pay as property and divide it according to the state’s laws on property division.

It is important to note that when the final divorce decree is issued, there must be a mention of the pension in order for a former spouse to continue to receive this benefit. If there is no mention of how the pension is to be distributed, this may well be viewed by the court as a “waiver” by the former spouse to any portion thereof. Make sure you do not inadvertently waive this valuable asset.

Alimony and Child Support

There are laws in place that provide for the enforcement of alimony and child support when it comes to military personnel. It reflects badly on the U.S. Military when their members don’t pay their familial obligations such as child support and alimony, so laws have been enacted to ensure that these obligations are met. The USFSPA allows for such enforcement of obligations in conjunction with 42 U.S.C. 659.

Direct Payments

The USFSPA also made direct payments possible from the branch of service the member was in, directly to the former spouse. However, the settlement must be compliant with the USFSPA and can be for up to 50% of the service member’s disposable retirement pay.

Medical Benefits

The USFSPA allows qualifying former spouses of military personnel to continue to get military health coverage. And as healthcare costs skyrocket, this benefit becomes more and more valuable.

Survivor Benefit Plan

The Survivor Benefit Plan is a plan that a service member can purchase, and the USFSPA allows the member to voluntarily designate their former spouse as the beneficiary. The cost of the plan comes out of the service member’s military pension, but it ensures that the beneficiary will continue to receive a portion of the member’s military pension after the death of the member. Congress further modified the rule to allow a state court to order a service member to buy the plan and make the former spouse the beneficiary.

Commissary and Exchange Privileges

Commissary and exchange privileges are important to many military families, and those privileges are allowed to continue for former spouses who qualify under the USFSPA. These privileges can continue indefinitely or until the former spouse remarries.

Multiple Ex Spouses

In the event that the military service member has more than one ex-spouse when retirement comes along, some additional rules apply:

  • The direct payments from the military to all former spouses combined cannot exceed 65% of the retirees disposable retirement pay. But please note that this amount does not necessarily include any sums that the court ordered one or more of the ex-spouses to receive.
  • The secretary of the branch of service that the member is in shall handle direct payments to former spouses on a first-come, first served basis – up to the maximums discussed above.

How Can A Springfield Military Divorce Lawyer Help Me?

Having the guidance and counsel of qualified legal representation can be invaluable to your case. For example, a knowledgeable and experienced attorney can help you:

  • Understand your legal rights and responsibilities,
  • Navigate complex jurisdictional issues,
  • Identify and assess potential assets and liabilities subject to equitable division,
  • Advocate for your child’s best interests in seeking custody and visitation,
  • Seek child relocation where appropriate, and
  • Pursue post-judgment enforcement when your former spouse fails to comply with court orders.

In short, a Springfield military divorce attorney can help you fight for your rights and navigate the intricacies of military divorce in a manner that allows you to effectively address your unique circumstances.

What Sets Our Springfield Military Divorce Lawyers Apart From The Rest

With so many options to choose from, finding the right attorney for your military divorce case is no easy feat. As you evaluate your options, here are a few things that set the Springfield military divorce lawyers at Batson Nolan PLC apart from the rest:

  • We have a specific practice area devoted to military divorce, specifically, so you can rest assured knowing that we have the tools, resources, and experience in this particular sub-area of divorce law;
  • Our firm is rated “AV Preeminent” by Martindale-Hubbell, the highest peer review rating available, denoting a firm’s commitment to professional excellence; and
  • We are proud to have earned the trust and positive reviews of our many past clients.

If you’re not quite ready to move forward with our team, we understand. We know that this is a decision that you will want to carefully consider. When you are ready to get started, our team will be standing by and ready to discuss whether we might be a good fit for you.

Whether you are a member of the armed forces yourself or are married to a service member, life is a bit more unstable for you than for civilians. Service members can be deployed to many different locations throughout their military careers, and spouses and families must either uproot themselves periodically or spend extended periods of time without the service member at home. This is clearly a sacrifice for all involved, but the pay-off comes in the form of a long, meaningful, satisfying career protecting our country and the acquisition of the many benefits available to military service members and their families. The main benefits include military retirement pay, Tricare medical coverage, base privileges, and access to the military exchange and commissary.

But what happens to all of these privileges when a couple divorces? Divorce is always difficult, whether you are a civilian or a service member in the United States Armed Forces. But a military divorce has specific rules that may add to your confusion over what you are entitled to. Whether you are the servicemember or the soon-to-be ex-spouse, it is important to have a handle on the rules that might affect you during – and long after – the process of getting divorced.

Batson Nolan PLC: Your Trusted Springfield Military Divorce Attorneys

Established in 1860, Batson Nolan is the oldest and one of the most respected law firms in Tennessee. We pride ourselves on being a full-service law firm while providing individually tailored representation to each of our clients.

Contact us at 931-650-5484 to schedule your free consultation and see how we can help you take the next steps on your Springfield military divorce today.

FAQs About Military Divorce

Do I Have To Hire An Attorney For My Springfield Military Divorce Lawsuit?

No, you are not legally required to hire an attorney to initiate a Springfield military divorce lawsuit, or a civilian divorce lawsuit, for that matter. Nevertheless, due to the many unique factors associated with military divorce, having an attorney represent you throughout your divorce proceedings can be a fantastic asset to your case.

Are There Specific Rights And Protections That Apply to Military Divorces That Don’t Apply To Civilian Divorces?

Yes, there are certain rights and protections that apply specifically to military divorces that do not otherwise apply to civilian divorces. For example, the Servicemembers’ Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’s Protection Act (USFSPA) both provide additional federal protections specifically for service members and their spouses, or former spouses, that can help protect the individuals and their families during divorce proceedings.

Speak with one of our Springfield military divorce attorneys at 931-650-5484 to learn more about these and other military-specific statutes and programs and how they may apply to your case.