Military Family Law
Active and retired military personnel face the same issues as the common citizen. We understand the nuances that being a part of the armed forces can add to those situations.
Retired or Active Duty
Whether Army, Navy, Marine Corps, Air Force or Coast Guard, we have the skills and dedication to protect your rights and your interests in a range of family law situations.
Military Divorce
In addition to complex property division, including military pensions, military personnel must file for divorce in such a way so as to not needlessly involve other jurisdictions. Particularly in cases where a spouse has a Pennsylvania family law order but moves out of state for an extended period of time, it is important not to undertake divorce orders. Similarly, if a father is on tour in extended duty, it is important to act decisively in order to establish custody orders.
What makes military divorce unique:
- Overseas deployment
- Military retirement
- Military benefits (Tricare, commissary privileges)
- Servicemembers Civil Relief Act
- Uniformed Services Former Spouses’ Protection Act
- Survivor Benefit Plans
Military Pensions
In a military divorce, military pensions must be considered and divided if they are marital property. Depending on the specific dates of your marriage, divorce and military service, the amount subject to equitable division will vary.
Understanding the Coverture Fraction
The coverture fraction is the number of years of your marriage, divided by the number of years of military service.
This fraction is then multiplied by the benefit and the resulting number is the marital portion of the pension.
Determining Marital Portions
From the date of origination to the date of your marriage, that portion of the military pension is not marital. From the date of marriage to the date of separation, any accumulated pension is marital property and subject to equitable distribution. Pension increases between the date of separation to the date of the divorce filing are not marital.
How Are Military Pensions Divided in a Divorce?
- Date of origination of the pension
- Date of marriage
- Date of physical/legal separation from your spouse
- Date the divorce complaint was filed
- Date of distribution of your pension
Relocations
Military families relocate frequently. We understand the impact this can have on your loved ones, especially if you have children and are divorced.
Consider the impact the move will have on a child:
- How far away will the child be from his or her other parent?
- How will the child communicate or visit with his or her other parent?
- What quality schools are available in the new location?
- Will day care be necessary?
- How much time will you be able to spend with the child and how flexible will your new work schedule be?
- How does the new location compare with the current situation?
- What will the quality of life be like for your child in the new place?
Medical Coverage & Health Insurance
Under the military rules, medical and health insurance coverage should be continued for children until they are at least 18 or out of high school. Coverage for the spouse can end when the divorce is finalized. These benefits have reasonable costs and we recommend that our military clients extend these benefits to their family members for as long as possible.
Military Personnel and Criminal Charges
If you are in the military, it is important to avoid domestic violence charges. An additional weapons charge, due to your service pistol or other weapons, can increase your penalties. We can help you fight a variety of charges, such as domestic violence, DUI or a possession charge in the Courts of Common Pleas.