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divorce procedure

by ArticleZine on January 4, 2011

A divorce is hard no matter how you dice it up even if that is the very thing that you wanted. You still go through a bunch of pain on both sides of the spectrum, man or woman. A military divorce is not much different than a regular divorce except for one partner is in either active duty at the moment or retired from the military.
When it comes to law a divorce is a divorce and even within the military it is considered a divorce, however average people call a divorce within the military a military divorce. Several divorces occur between a man and woman who are both a part of the military; however their divorce is treated the same as civilian couple.
Even though a military divorce is the same as a civilian divorce there are some lying factors that a civilian divorce will not incur such as a permanent station overseas or an active duty assignment.
One of those most important factors that comes onto play when it comes to a military divorce is the divided military retired pay. This is decided upon by your state. Here are some different ways that military retired pay is separated:

Uniformed Services Former Spouse’s Protection Act: This act applies to all active and retired military personal. When it comes to this act there are several things that must be looked at for a spouse to gain it, however if they are eligible they could receive commissary and exchange privileges and full medical. However, these rules play out when checking for eligibility:
At least a 20 year overlap of marriage and military services
Military member performed at least 20 years which is eligible for retired pay
Marriage has lasted for 20 years
However, when a spouse remarries the benefits expire.

The Federal Law that Awards Military Retired Pay- This pay is based off the requirement of the interested parties state laws.

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