Military service personnel’ divorces is comparable to ordinary civil divorces in many aspects. Property must be divided, child custody agreements must be made, and spousal support may be required. Due to the temporary nature of employment, being in the armed services also comes with distinct obstacles, and there could be restrictions on how military benefits are distributed. Contacting Milwaukee divorce attorneys will be beneficial if you are having any trouble with your divorce.
Member of the armed forces and their spouses:
- First and foremost, the Soldier and Sailors Civil Relief Act give courts the authority to halt or delay divorce actions brought against service members who are on active duty. This rule shields serving personnel from distractions that jeopardize their ability to participate in military operations or fight in a war and from being caught off guard by divorce processes.
- This does not prohibit a member of the armed forces from being separated while on active service, but it is the protection the armed forces may use to halt the procedures.
- Wisconsin enables courts to claim jurisdiction over service members actively deployed in the state where the divorce case is brought and waives some residency restrictions.
- Being in the military can significantly impact child visitation and child support arrangements after a divorce. Military members may spend a significant amount of time away from their families hundreds of miles distant due to their specific mission.
- For the member of the armed forces who wish to spend time with the kids on a regular, frequent, and consistent basis, this poses a practical issue.
- However, a specific provision in Wisconsin forbids courts from considering a party’s military service when determining their custody and placement options.
- Additionally, because of their transitory lifestyle, many military spouses choose to stay at home or refrain from working. As a result, military personnel may discover that they are frequently required to pay spousal support to their spouses after a divorce.
- Payments are set at 60% of the service member’s pay, but Wisconsin utilizes the same formulas to calculate these amounts as it would in any other divorce.
Armed services Pension Benefits Management:
Many parts of an armed services divorce are governed by Wisconsin law, but the division of armed services pension benefits is governed by federal law. State courts may decide whether a partner is eligible for a portion of their military partner’s pension payments under the USFSPA.
However, the government will only seize that part of the pension payments and give them to the non-military partner if the pair have been engaged for at least ten years, during which one spouse was on active service.
If a partition of the pension is ordered and the pair was wedded with less than ten years of military service, the military spouse is liable for paying the other spouse’s monthly pension. To pursue the benefits they are entitled to, the non-military spouse may need to put out noticeably more effort.