A divorce involving a member of the Marines, Army, Navy, Air Force or Coast Guard have special considerations. It is vital for an attorney to be familiar with both procedural laws, such as the Serviceman’s Civil Relief Act of 2003 (previously known as the Soldier’s and Sailor’s Relief Act) as well as the military retirement annuities, in order to achieve the desired outcome.

Many people erroneously believe that federal law gives spouses of a military member automatic “rights.” However, this is not the case. Federal law only establishes the terms and conditions that must be followed if the trial court wishes to divide military benefits including retirement. This act is called the Uniformed Services Former Spouses’ Protection Act. If you are the military member, then you need someone to limit your financial exposure. If you are the spouse of a military member, then you need someone to seek the maximum benefits allowed.

Certain benefits may be received in lieu of military disposable retired pay, such as VA disability compensation, or in addition to such amounts, in the case of concurrent receipt for military members with a high level of disability.

There are special considerations involving the Serviceman’s Group Life Insurance (SGLI). Federal law provides that the benefits shall be paid to the named beneficiary, notwithstanding any court order. Therefore, if you are seeking to be the beneficiary of SGLI, you must know that you may not receive this benefit. In 2007, Virginia passed a statute which attempts to protect the intended beneficiary if a person fails to name a party on the SGLI. This new provision has not been tested in the courts.

If you, or your spouse, are in the Marine Corps, Army, Navy, Air Force or Coast Guard, then contact an experienced, knowledgeable, and aggressive military divorce attorney, Wesley D. Wornom, Attorney at Law.