Mary Kay Kramer, P.C. Attorney at Law
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Military divorce and securing military retirement pay

The brave men and women who serve in our armed forces deserve praise for their bravery and commitment to our country. These individuals sacrifice a lot in their service to our country. While they often put their own safety in jeopardy, they also sometimes put their marriages on the line. Long-term deployments can cause couples to grow apart, and mental health issues related to active duty can make matters complicated. Sadly, these disruptions often lead to divorce.

While military divorces are similar to civilian divorces, there are a few things to keep in mind. To start, a military divorce may take more time, especially if one spouse is deployed. While this may be frustrating to some individuals, they should take comfort in knowing that they have additional time to sort out any divorce-related legal issues.

Another major point of contention during a military divorce is military retirement pay. A spouse who is not serving in the military may be able to claim part of a serving spouse's retirement pay under certain circumstances. In order to qualify, the parties must have been married for at least 10 years and the service member's service must have overlapped the marriage for at least 10 years. If this can be shown, and either the parties agree to a division of this property or a judge orders it, then a non-military spouse can receive up to 50% of military retirement pay directly from the government. This means they don't need to worry about tracking down their former spouse to recover these funds.

Military divorces can be highly contentious, especially when retirement pay is in play. Those who find themselves embroiled in disputes leading up to a divorce filing may need to get more information about their own specific case.

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Mary Kay Kramer, P.C.
1820 West Colorado Avenue
Colorado Springs, CO 80904

Phone: 719-362-5113
Phone: 719-475-9994
Fax: 719-447-9732
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