Delta, PA -- (SBWire) -- 07/30/2013 --Couples in the military entering divorce must be aware of specifics that make military divorce unique. These specifics, based on the terms of the marriage, determine how the spouse is regarded by the military after the divorce, and how assets like alimony and retirement are distributed. Legal-Yogi would like to offer some military divorce guide for military spouses thinking about divorce:

- Procedures Unique to Military Divorce
- The Effect on Residence
- Division of Family Assets

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Procedures Unique to Military Divorce

Spouses deciding to separate can begin to settle issues pertaining to the divorce by filling out a separation contract. The separation contract is just a contract to work out claims on property or assets in the marriage before divorce. If there is a dispute, the declaring spouse will have to serve divorce papers to the other. Members of the couple will have to work closely with the court if the active member is delayed by service.

The Effects on Residence

The military requires one member of the household to be a serving member of the military in order for non-military family members to remain there. Unless there are specific plans or exceptions, for instance, if the couple plans on returning, or have a specific date in which they plan to leave, if the military member moves, the non-military family member may be given a 30 day notice to vacate. If a divorce is in the makings, the spouse will have to find their own, non-military housing.]

Division of Family Assets

Those seeking military divorce information will also want to look to the division of assets down the road. The Military does provide retirement to spouses who were with the military member during service. Division of military retirement depends on a variety of factors. The military treats the money differently depending both on the length of the marriage, and length of military member’s service during the marriage. The military issues retirement directly if the spouse was in a military marriage for more than 10 years. Otherwise, the military spouse has to distribute it themselves.

Spouses who were married for more than twenty years, coinciding with the military member’s twenty years or more of service, are still entitled to commissary benefits including health benefits. Those married less than 15 may have to pay health premiums to keep receiving benefits.

Children are still covered as family members of the military spouse under commissary and medical benefits. If the family is separated, the children will need an ID card to keep receiving benefits.

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