Nevada Military Divorce: 6 Important Facts to Know
Military divorce cases can be far more complicated than civilian divorces, as various military regulations, state laws and federal statutes may come into play and impact how these divorce cases are ultimately resolved. To shed some light on some of the special issues or factors that may arise in Nevada military divorce cases, in this blog series, we will discuss some of the more important facts to know about military divorce in Nevada.
If you are a member of the military or a spouse of a military member and are considering filing for divorce, however, you can readily obtain more information about your best options for proceeding with a Nevada military divorce by contacting the trusted Las Vegas divorce lawyers at RIGHT Lawyers today.
The notion of the “marital share” will generally come into play with Nevada military divorce cases when the term of the marriage does not last for the full term of a military member’s career. Essentially, the marital share:
- Begins on the date of marriage or a spouse’s entrance into the military
- Ends on the date of separation or the date on which the divorce petition is filed
- Represents a percentage of how much the non-military spouse may be entitled to when it comes to military pensions.
Correctly evaluating the marital share in a given Nevada military divorce can be critical to ensuring that:
- A member of the military doesn’t end up giving away more of his or her pensions than is legally required or necessary.
- A non-military spouse is able to secure the full amount of these assets to which (s)he may be entitled.
When Nevada military divorce involves children, these cases can get far more complicated as issues regarding mobilization and deployment will need to be considered and can impact the final custody agreements. Just how deployment can affect child custody disputes and/or arrangements, however, will depend on the specifics of a given case, and discussing these issues with an experienced Nevada military divorce attorney can shed more light on this for you if you are dealing with custody issues in a military divorce.
What we can tell you, however, is that generally the military requires that divorced parents have an official Family Care Plan when:
- The member of the military is a single parent with a child younger than 19 years old (or an adult child or family member who can’t care for themselves).
- Both parents are military members, and custody of a child younger than 19 is shared between these parents.
In fact, the rule used to determine when former spouses of military members are entitled to extended medical benefits after a Nevada military divorce is known as the 20/20/20 rule. Specifically, this rule stipulates that former spouses can receive full extended military medical benefits (as well as commissary privileges and other base-related privileges) when:
- The marriage to the military member lasted for a minimum of 20 years.
- The military member has given a minimum of 20 years of service that qualifies for retirement pay.
- The marriage and the military service overlapped by a minimum of 20 years. If this overlap is between 15 and 20 years, then the extension of military medical benefits will generally only be granted for one year from the divorce date.
Here, we also want to note that:
- The non-military member’s access to medical benefits through his or her own employer could make him or her ineligible to obtain extended military medical benefits.
- In the event that extended military medical benefit coverage has been wrongfully terminated, it can be possible for ex-spouses to get these reinstated.
Fact 4 – Federal laws dictate how and when military retirement pensions are divided in Nevada military divorce.
In particular, the Uniformed Services Former Spouses Protection Act (USFSPA) has been governing the division of military retirement pensions in divorce since 1982. With the USFSPA, here are just some of the more important issues you should be aware of:
- The USFSPA provides for as much as a 50:50 split of military retirement pensions in divorce if the marriage to the member of the military lasted for a minimum of 10 years.
- Just how military retirement pensions are divided in Nevada military divorce, however, can be subject to negotiation (as halving these pensions is NOT the only option in these divorce cases).
- Understanding how military retirement pensions can be divided in Nevada military divorce can be a powerful negotiation tool during divorce proceedings, as it can provide some leverage for both the payer and the payee to work out other compromises in their Nevada military divorce.
Fact 5 – Although the military considers divorce to be a “civilian” issue, there are some military regulations that may impact a Nevada military divorce.
For the most part, the U.S. military considers divorce to be a private matter to be resolved in civilian courts. However, given that Nevada military divorce can end up impacting people’s on-base living situations, the military does have some rules and regulations that divorcing parties may want to know about when it comes time to physically separate from a former spouse.
One of the rules that can be crucial to be aware of pertains to base housing. In particular, when a married couple living on base separates, generally:
- The spouse who is a member of the military can be ordered to move to the barracks while the other spouse remains in the marital home.
- The military member will NOT have the authority to kick out his non-military spouse.
- Non-military members living in base housing without a member of the military will be required to vacate this housing and move off base at their own expense within a given time frame (usually 30 or so days).
While we’ve presented a lot of interesting and important info regarding Nevada military divorce in this blog series, perhaps the single most important fact to remember about these special divorce cases is that, when you’re going through a Nevada military divorce, the RIGHT Lawyers can provide you with the best representation. We can help you resolve your divorce as favorably and efficiently as possible.