Author: Gene Kirzhner

Military retirement benefits are an important aspect of a service member’s compensation package. These benefits are often a significant asset that needs to be considered in divorce cases involving military personnel. In Georgia, military retirement benefits are subject to both state and federal laws, making it essential to work with a lawyer who has experience in handling military divorce cases. This post will provide an overview of military retirement benefits and how they factor into divorce cases in Georgia.

What is Military Retirement?

Military retirement is a type of pension that provides ongoing financial support to service members who have completed a certain number of years of service. In general, service members are eligible for retirement benefits after serving for at least 20 years. Military retirement benefits are funded by the Department of Defense and are paid out as a monthly annuity.

How Do Military Retirement Benefits Factor into Divorce Cases?

In a divorce case, military retirement benefits are considered marital property and are subject to division between the spouses. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts have the authority to divide military pensions as part of a divorce settlement. This includes military retirement benefits.

The division of military retirement benefits in a divorce case can be a complex process. It is essential to work with a lawyer who has experience in handling military divorce cases and can help you navigate the legal process with confidence.

How is the Division of Military Retirement Benefits Determined in a Divorce Case?

The division of military retirement benefits in a divorce case is typically determined by the court based on the specific circumstances of the case. In Georgia, the court will consider several factors when dividing marital property, including the length of the marriage, the income and earning potential of each spouse, and the contribution of each spouse to the marital estate.

Under the USFSPA, the court can divide military retirement benefits between the spouses in a divorce settlement. The court can divide the benefits as a percentage of the total value of the benefits or as a fixed dollar amount.

It is important to work with a lawyer who can help you negotiate a fair and equitable divorce settlement that considers all of the factors involved in your case, including military retirement benefits.

Can a Former Spouse Receive a Portion of a Service Member’s Military Retirement Benefits After Remarriage?

Under the USFSPA, a former spouse can receive a portion of a service member’s military retirement benefits even after they remarry. The former spouse’s right to receive a portion of the benefits is established by a court order or divorce settlement agreement.

However, if the former spouse remarries before age 55, they may lose their right to receive a portion of the benefits if they remarry. If the former spouse’s remarriage ends due to divorce, death, or annulment, they may be eligible to receive a portion of the benefits again.

Working with a lawyer who can advise you on the specific rules and regulations related to military retirement benefits and other military benefits in divorce cases is essential.

The Help You Need

Military retirement benefits are an important aspect of a service member’s compensation package and need to be considered in divorce cases involving military personnel. Under the USFSPA, state courts have the authority to divide military pensions as part of a divorce settlement, including military retirement benefits. The division of military retirement benefits in a divorce case can be a complex process, and it is essential to work with a lawyer who has experience in handling military divorce cases.

At The Nye Law Group, we have a team of skilled and experienced military divorce attorneys who can help guide you through the legal process and protect your legal rights. We understand the unique challenges of military divorce cases and are committed to helping our clients achieve a fair and equitable settlement. Call us today at (912) 207-7068 or use our online contact form to schedule a consultation and learn more about how we can help you with your military divorce case.

Military divorce cases in Georgia often involve complex legal issues related to the division of military pensions and benefits. Survivor Benefit Plans (SBPs) are an essential aspect of military pensions that need to be considered in divorce cases involving military personnel. This post will provide an overview of SBPs and how they factor into military divorce cases in Georgia.

What is a Survivor Benefit Plan?

A Survivor Benefit Plan (SBP) is a type of insurance that provides ongoing financial support to the surviving spouse or eligible children of a deceased military retiree. The SBP is a type of annuity that pays out a monthly benefit to the beneficiary in the event of the retiree’s death. The SBP is typically offered as part of a military retirement package and is funded by the retiree’s pension contributions.

How Do Survivor Benefit Plans Factor into Military Divorce Cases?

In a military divorce case, the SBP is an important aspect of the division of military pensions and benefits. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts have the authority to divide military pensions as part of a divorce settlement. This includes the SBP.

If a retiree has elected to participate in the SBP, the retiree’s former spouse may be entitled to a portion of the SBP benefit as part of the divorce settlement. The amount of the SBP benefit that the former spouse is entitled to will depend on the specific terms of the divorce settlement and the provisions of the USFSPA.

How is the SBP Benefit Calculated in a Military Divorce Case?

In a military divorce case, the SBP benefit is typically calculated based on the length of the retiree’s military service and the amount of the retiree’s pension contributions. The former spouse’s share of the SBP benefit will be determined by the divorce settlement agreement and may be based on a percentage of the total benefit or a fixed dollar amount.

It is essential to work with a military divorce attorney who understands the specific rules and regulations related to the SBP and other military benefits. An experienced attorney can help you negotiate a fair and equitable divorce settlement that takes into account all of the factors involved in your case, including the SBP.

Can a Former Spouse Lose Their SBP Benefit?

In some cases, a former spouse may lose their SBP benefit if they remarry before age 55. The SBP benefit is typically paid out for the lifetime of the beneficiary or until they remarry before age 55. If the former spouse remarries before the age of 55, they may lose their SBP benefit.

However, if the former spouse’s remarriage ends due to divorce, death, or annulment, they may be eligible to receive the SBP benefit again. It is essential to work with a military divorce attorney who can advise you on the specific rules and regulations related to the SBP and other military benefits.

The Help You Need

Survivor Benefit Plans (SBPs) are an essential aspect of military pensions that need to be considered in military divorce cases. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts have the authority to divide military pensions as part of a divorce settlement, including the SBP. The SBP benefit is typically calculated based on the length of the retiree’s military service and the amount of the retiree’s pension contributions. An experienced military divorce attorney can help you negotiate a fair and equitable divorce settlement that takes into account all of the factors involved in your case, including the SBP.

At The Nye Law Group, we have a team of skilled and experienced military divorce attorneys who can help guide you through the legal process and protect your legal rights. Call us at (912) 207-7068 or use the online contact form to schedule a free consultation. We understand the unique challenges involved in military divorce cases and are committed to helping our clients.

Military divorce cases in Georgia can be complex and challenging to navigate without the help of a lawyer with experience in handling military divorce cases. Understanding the military divorce process in Georgia can help you prepare for the legal process and protect your legal rights. This post will provide an overview of the military divorce process in Georgia.

Step 1: Consultation with a Military Divorce Attorney

The first step in the military divorce process in Georgia is to consult with a military divorce attorney. An experienced attorney can help you understand your legal rights and obligations and guide you through the legal process with confidence.

During the consultation, your attorney will gather information about your case, including your marital assets, income, and debts, and discuss the various legal issues involved in your case, such as child custody, spousal support, and division of property. Your attorney will also advise you on the specific rules and regulations related to military divorce cases.

Step 2: Filing the Petition for Divorce

After consulting with an attorney, the next step in the military divorce process in Georgia is to file a petition for divorce. The petition for divorce is a legal document that initiates the divorce proceedings and must be filed in the county where either spouse resides.

The petition for divorce must include specific information, such as the grounds for divorce, the names and ages of any minor children, and a statement of the relief sought. Working with an attorney who can help you draft and file the petition for divorce is essential.

Step 3: Serving the Petition for Divorce

After filing the petition for divorce, the next step in the military divorce process in Georgia is to serve the petition on the other spouse. The petition must be served in person by a process server or law enforcement officer.

If the other spouse is currently stationed outside of Georgia, serving the petition can be more complicated. It may be necessary to obtain a military waiver to serve the petition on the other spouse.

Step 4: Response to the Petition for Divorce

After being served with the petition for divorce, the other spouse has a certain amount of time to respond. In Georgia, the other spouse has 30 days to respond to the petition for divorce.

If the other spouse does not respond within the allotted time, the court may enter a default judgment in favor of the petitioner. If the other spouse does respond, the parties will enter into the discovery phase of the divorce process.

Step 5: Discovery

Discovery is the process of gathering information and evidence related to the divorce case. During discovery, both parties will exchange information related to their income, assets, and debts. This may involve the use of subpoenas, depositions, and other legal tools to obtain information from third parties.

It is essential to work with an attorney who has experience in handling discovery in military divorce cases. An experienced attorney can help you navigate the process and protect your legal rights.

Step 6: Negotiation and Settlement

After completing the discovery phase, the parties will typically enter into negotiations to settle the case. Settlement negotiations may involve mediation or other forms of alternative dispute resolution.

If the parties are unable to reach a settlement, the case may proceed to trial. It is essential to work with an attorney who has experience in negotiating and settling military divorce cases to achieve the best possible outcome for your case.

Step 7: Trial and Final Judgment

If the case proceeds to trial, the court will hear evidence and testimony from both parties and make a final decision on the legal issues involved in the case. The court will issue a final judgment, which will detail the terms of the divorce settlement, including child custody, spousal support, and division of property.

It is essential to work with an attorney who has experience in handling military divorce cases and can represent you in court if necessary.

Step 8: Post-Divorce Issues

After the final judgment is issued, the parties may still face post-divorce issues that need to be resolved. For example, if the parties have minor children, child custody and visitation issues may arise. It is essential to work with an attorney who can help you navigate post-divorce issues and ensure that the terms of the divorce settlement are enforced.

The Help You Need

The military divorce process in Georgia can be complex and challenging to navigate without the help of an experienced attorney. Understanding the steps involved in the military divorce process can help you prepare for the legal process and protect your legal rights.

At The Nye Law Group, we have a team of skilled and experienced military divorce attorneys who can help guide you through the legal process and protect your legal rights. We understand the unique challenges involved in military divorce cases and are committed to helping our clients reach a fair and equitable settlement.

Call us at (912) 207-7068 or use our online contact form to schedule a consultation. We are here to help you confidently navigate the legal process of your military divorce and achieve the best possible outcome for your case.