Montgomery County Military Divorce Attorney
There are a number of military bases in Eastern Pennsylvania. The Bensalem Marine Corps base and the National Guard base in Sellersville are two prominent examples. While they are married, military families must deal with unique emotional and financial challenges. These challenges are often even more acute during a divorce, mostly because the normal Pennsylvania state rules do not always apply.
At Kardos, Rickles & Hand, our Montgomery County military divorce attorneys understand the sacrifices that military spouses make, even if only one of them actively serves. So, we work hard to craft long-lasting property division and child custody solutions. Many of the people on our professional team come from military backgrounds, so we are well-suited to serve your needs. During this service, we always proactively communicate with you, so you are never in the dark.
Normally, property divisions focus on dollars and cents, in addition to payroll information. But military families are different. Some servicemembers receive substantial noncash compensation, such as PX privileges and housing allowances. Additionally, most servicemembers have rather complex payroll arrangements.
These benefits do not automatically belong to the servicemember spouse. Like all other marital assets, they are subject to equitable division.
Child Custody Issues
Especially during the age of the War on Terror, many servicemembers rapidly deploy with little or no notice. These sudden relocations are often very hard on children, especially after their parents divorce.
When deployment orders make functioning parenting timeshare agreements completely unworkable, a motion to modify is usually in order. Makeup visitation when a temporary deployment ends is a popular solution. If the redeployment is permanent, other alternatives are available.
Demands for immediate and drastic change are tempered by the fact that, in most cases, the redeployment was not unanticipated. All military servicemembers and spouses know that life-changing orders might come down at any time. The judge could overrule a motion to modify on that basis.
Mediation resolves many of these issues. Fundamentally, both parents usually want what is best for their children. A mediator, who is usually an unaffiliated Montgomery County family law attorney, helps former spouses find common ground, so they may present an agreed order to the court.
Military Retirement Accounts
A military retirement account is more than a nest egg. It is, in effect, deferred compensation. The division rules are rather inflexible. The 10/10/50 rule is a good example. If the marriage lasted at least ten years, and the servicemember spouse had at least ten years of service during that time, the DoD divides the account 50-50.
If one or both 10/10 requirements are absent, the account is still divisible. However, the government will not divide it. So, attorneys must employ some creative solutions.
Generally, a setoff is the best result for both spouses. For example, the owner spouse might retain a disproportionate share of the account and pay the nonowner spouse additional alimony.
Reach Out to a Compassionate Attorney
Military divorces involve special issues. For a confidential consultation with an experienced family law attorney in Montgomery County, contact Kardos, Rickles & Hand. After hours, virtual, and home visits are available.