If you and/or your spouse are serving in the military and contemplating divorce, you may have to account for federal regulations that apply and subsequently create unique challenges that ordinary divorce proceedings may not address. Our team at Barrows Levy, PLLC, has a history of helping active service members, veterans, and their spouses navigate these complicated divorce matters with clarity and confidence. Please continue reading to learn how one of the experienced Long Island military divorce lawyers can offer you legal counsel that is tailored to your distinct circumstances.
Military Divorce Vs. Civilian Divorce
Individuals undergoing a military or civilian divorce must comply with the same New York State family law standards for equitable distribution of marital property, child custody arrangements, child support calculations, and alimony calculations. But what makes a military divorce unique is the involvement of external factors such as federal protections, special benefit systems, retirement plans, and frequent relocations and deployments. And so, a spouse’s military status may affect their divorce case in any of the following ways:
- Division of military benefits: the court may treat military retirement pay and direct payment orders as divisible marital property, depending on the length of the marriage, overlap between marriage and military service, etc.
- Custody considerations for a military parent: the court may consider a parent’s deployment schedule, frequent relocations, proximity to support networks, etc., when determining which custody arrangements would work in the child’s best interest.
- Military income for child support: the court may include base pay, Basic Allowance for Housing, Basic Allowance for Subsistence, special duty pay, and other taxable components to compute a fair and accurate characterization of income for support.
- Deployment factors for alimony: the court may consider whether one spouse has significantly more income or benefits as a result of service, or if deployments or permanent change of station orders have affected both spouses’ earning capacities.
Knowing that your military divorce will require unique attention, our divorce lawyers at Barrows Levy, PLLC, will employ military retirement specialists, financial experts, and other professionals to prepare to fight for a divorce plan that is reasonable and just. Our guidance will not stop here, as we will also educate on how military-connected benefits may change post-divorce, and advise on the best ways to navigate this transition.
Considering the Servicemembers Civil Relief Act (SCRA)
Understandably, an active military service member who is being deployed or reassigned may be concerned about being unable to put their best efforts and attention towards their pending divorce. Well, the Servicemembers Civil Relief Act (SCRA) affords certain protections for this, which our team will ensure are asserted when appropriate. These protections include the following:
- Protection against default judgments without proper notice while on active duty.
- The right to pause proceedings when active duty affects the ability to participate.
- The right to receive adjusted deadlines and procedural timelines while on active duty.
There is also the consideration of which state court has jurisdiction over your divorce case when military service requires one spouse to relocate frequently. Generally speaking, the New York State Family Court may exercise jurisdiction if one spouse had continuous residency here for two years, or one year if married here and living here as a couple, or if the grounds for divorce occurred here. Your seasoned military divorce lawyer can help you prove that you satisfy this criterion and represent you from there.
Contact Our Military Divorce Lawyers On Long Island
If you or your spouse are serving — or have served — in the U.S. armed forces and are facing divorce, the team at Barrows Levy, PLLC is here to support you. We represent service members, veterans, and their spouses throughout Nassau County, Suffolk County, and the greater Long Island area. Our skilled Long Island military divorce lawyers combine family law expertise with strategic insights into military-connected issues. We will clarify complex rules and pursue outcomes that protect your rights and your family’s future. Contact us today to schedule an initial consultation and secure the necessary legal guidance.
