Las Vegas Military Divorce Attorney
Divorce always has the potential to become complex. However, when one of the spouses served or is serving in the military, a case can become even more complicated. State and federal laws apply to divorces involving service members including the division of military benefits, receipt of free medical care, retirement pay, and more. Below, our Las Vegas military divorce attorney outlines some of the most important laws that may apply to your case if you or your spouse is a service member.
Military Retirement Benefits
When a service member is in the military for at least 20 years and then retires, they receive a retirement pension for the rest of their lives. This is an important issue to resolve during a military divorce.
To clarify the issue of military retirement benefits, Congress passed the Uniform Services Former Spouses Protection Act (USFSPA). Since 1982 when the Act was passed, military pensions have largely been treated as marital property during divorce. Still, the USFSPA does not guarantee that a former spouse will receive any military benefits. A spouse must have been married to a military service member for at least ten consecutive years while the service member was on active duty.
Federal Disability Benefits
Military members face very dangerous situations as they put their own well-being at risk to serve and protect our country. As such, they often receive federal disability benefits. When determining how to divide joint tenancy or community property, the court is prohibited from attaching, levying, or seizing federal benefits awarded to a veteran connected to a disability incurred during the time of service. This means that when a court is awarding alimony or dividing property, the federal benefits received for a military disability cannot be used as a determining factor.
Child Custody Issues in a Military Divorce
Nevada is one of a handful of states that has adopted the Uniform Deployed Parents Custody and Visitation Act. Under this law, the court is prohibited from considering the fact that a military parent is on current deployment, or will be at some time in the future, when making child custody decisions. This means that being a member of the military will not prohibit someone from being awarded child custody.
Still, being a member of the military with the potential for deployment can cause some complex issues to arise during divorce. The judge will have to find that awarding the military member custody is in their best interests, and deployment can have a significant impact on that, which judges are allowed to consider.
Our Military Divorce Lawyer in Las Vegas Can Help You Overcome These Unique Challenges
There is no doubt that military divorces are far more complex than cases involving two civilians. At Ghandi Deeter Blackham Law Offices, our Las Vegas military divorce attorney can help you overcome the challenges you may face so you obtain the fair settlement you deserve. Call or text us now at 702-878-1115 or chat with us online to schedule a consultation and to learn more about how we can help.