It was always your dream to be in the military, and your spouse came with you in support. Over time, you could tell that the lifestyle was affecting how your spouse lived and worked, but you thought everything was fine.
It was a shock when your spouse said she wanted to get a divorce. You didn't think you were fighting or struggling in the marriage at all. Despite that, it's what she wants, so now you need to look into what you can do to protect your assets during divorce.
Determining jurisdiction
The first part of a military divorce is deciding which state has the authority to deal with it. Not all states have jurisdiction. Usually, the state where the filing spouse resides, where you're stationed or where you claim legal residency determines the state's jurisdiction. Multiple states may have jurisdiction, and in that case, it's in your best interests to file in the state with the most efficient and effective divorce laws.
Protecting your military assets
One asset in particular that you'll want to protect is your military pension. You took time to join the military because you knew it would support your retirement, among other reasons. Now, you could lose a portion of that pension to your spouse if she tries to claim it. State courts have the ability to treat your pension as sole or community property, depending on the state, which is why you should file for divorce in the state with laws that protect you the most.
Generally speaking, if your marriage of at least 10 years has overlapped 10 years of military service, your spouse may be entitled to a portion of your pension. Despite that rule, the courts can determine that your spouse deserves a portion of the pension even if your marriage wasn't that long or did not meet the 10-year rule.
These are a few things to consider while you begin your divorce. Step one is to choose the best state to file, and from there, you can work to protect your assets.
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