Ending a Military Marriage
Representing Armed Services Personnel or Civilian Spouses
A military divorce can be complicated. Your lawyer should be familiar with the unique legal issues regarding military pay and pension, residency, child custody and support.
I am Keith Schulefand, a solo practicing divorce and family law attorney. Based in Williamsville, New York, I serve clients in Erie County and Niagara County. In my 19 years of marital law experience, I have resolved many military divorces, including Air Force personnel from Niagara Falls AFB or their civilian wives or husbands.
Let's discuss the important considerations to protect yourself in a military divorce. Arrange a free, confidential consultation at 716-632-5919.
Key Issues in Military Divorce
The term "military divorce" is misleading. Your New York divorce is governed by the civilian family court in the county where you are stationed (or the county where you have established residency). Military personnel do have some rights conferred by the U.S. government. For instance, divorce proceedings can be delayed while the member is at war or serving overseas, and up to 60 days after returning from active duty. I can fully explain (and protect) your rights under the Soldiers and Sailors Civil Relief Act as well as the laws of New York.
Many disputes in military divorces relate to financial matters:
- The basic allowance for housing (BAH) is considered income and subject to property division.
- Military pensions are also considered a joint asset, and dividing them can be complicated. Under the "10-10 rule," the government will directly pay the spouse's portion if a marriage of at least 10 years overlapped 10 years of military service. If less than 10-10, the civilian spouse is still entitled to a percentage of benefits, but it must be negotiated in the divorce agreement.
Child custody also gets complicated. A common scenario is for one or both spouses to return to their respective home state after divorce. However, jurisdiction over custody, visitation and child support obligations remains with the New York court that granted the divorce. I help clients anticipate and address these issues in the divorce agreement or deal with them in postdivorce proceedings.
I take the time to sit down to discuss your rights and options. I am an approachable and accessible lawyer, and just as importantly, knowledgeable about military divorce laws. Call me at 716-632-5919 or contact me online.
