What are the need to knows about military divorce in Louisville or anywhere in the State of Kentucky? The military does not provide a lawyer for the divorce process. This is why it is important to contact the experienced military divorce and family law attorneys at Dodd & Dodd if you are considering a divorce in Louisville and you or your spouse are presently serving or have more than 10 years in the armed services during your marriage.
Kentucky requires that one of the parties has been a resident in Kentucky for more than 180 days before filing for a divorce. If you are a military family stationed in Kentucky for at least 180 days, that requirement is met, even if either or both parties do not intend to remain here after the divorce.
If one of the parties is presently deployed or out of the country, federal law allows the out-of-jurisdiction party to delay action or appearance in the divorce for as much as 90 days.
Many of the need to knows about military divorce in Louisville are the same as any civilian divorce proceeding. Many facets of a military divorce will be managed similarly and under the same rule(s) of law. The primary difference between a civilian and military marriage comes down to some benefits of military life, including retirement, healthcare, housing allowances, and base privileges. These must be adequately balanced during the division of marital property and the calculation of maintenance (spousal support) and child support.
Child custody and parenting time decisions will be influenced by any absence of one of the parties based upon the orders and commitments of military personnel.
One of the significant need to knows about military divorce in Louisville involves the division of pension and retirement benefits, as well as continued access to healthcare and base privileges. There are specific calculations regarding eligibility for benefits based on the duration of the marriage and the number of marital years that coincide with military service.
You may have heard of the “20/20/20” or “10/10” rules. These rules apply to those seeking a military divorce where the couple was married for at least 10 years, and 10 years of military service must “overlap” at least 10 years of the underlying marriage. If the couple were married for more than 20 years, and one (or both) of the parties have 20 years or more of military service and that period of service occurred concurrently during at least 20 years of the marriage, a non-military spouse may be able to keep healthcare benefits through TRICARE, as well as other benefits including access to base exchanges and the commissary.
The division of retirement, healthcare, and other benefits in a military divorce in Louisville is one of the most complicated and important issues associated with many of these cases. This is why you will need the representation of Dodd & Dodd’s experienced Louisville divorce and family law attorneys with extensive experience in cases involving military service. Ask about how tax law(s) may impact decisions concerning the division of marital assets, retirement, and other benefits. We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
