Kajko, Weisman & Colasanti, LLP

Proposal could have dramatic impact on military divorces

No two divorces are the same. Of course, there are many similarities between different divorces, as they often involve many of the same elements, but that doesn't make them the same. For instance, if you are getting divorced, you may be confronted with some unique challenges if you and/or your spouse are a member of the military.

Military divorces can present some complicated problems in terms of child custody, support and property division. And if a recent proposal is passed, these divorces might not just be complicated, they could be quite contentious as well.

The proposed legislation would change how assets are divided in military divorces. Currently, ex-spouses of military members typically receive a portion of the service member's retirement pay. This pay accrues throughout a military career, and ex-spouses receive a portion based on the service member's rank and number of years served when he or she retires.

Under the new legislation, which has not yet been passed, an ex-spouse would be eligible to receive only the benefits that have accrued at the time of the divorce, not the time of retirement.

It is important to note that this measure would affect federal laws, making military pension division a matter to be resolved at the federal level versus at the state level.

Whether you support the proposed legislation or not, the fact is, this issue highlights the complexities and nuances of military divorces. It should also serve as a reminder of the various ways laws can change and impact divorces in Boston and all across the U.S.

Being informed and prepared when you head into a divorce battle can be critical. Without the appropriate knowledge and legal background, you can get overwhelmed and intimidated into making decisions or concessions that may not be in your best interests.

This is why it can be so vital that you consult an attorney who is familiar with the laws and practices of all types of divorces, from military to civilian and from amicable to contentious. With experienced legal support, you can navigate this complex system and seek the fair, satisfactory resolution you deserve.

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