A stark reality about a New Jersey divorce case is that the marriage dissolution process becomes more complicated if one or both parties are in the military. New Jersey military divorces present a unique array of difficult issues. Moreover, this type of divorce has the potential to considerably enhance the complexity of matters that occur in a non-military marriage dissolution setting. In this regard, we present a discussion of key points about New Jersey military divorces we suggest you keep in mind:
Jurisdictional complexities can abound in a New Jersey military divorce. For example, military families have a very real tendency to move far more frequently than is the case with couples and family not in this type of service. This reality can make it difficult to determine which state has jurisdiction over a divorce. Jurisdiction typically is tied to domicile of the state a person considers their permanent home as opposed to the location where a party to a potential case is stationed at the time a marriage termination proceeding is in the offing.
The Servicemembers Civil Relief Act or SCRA protects active-duty members of the armed services default judgments in civil cases, including divorce proceedings. A divorce case may be delayed if the service member cannot participate due to military duties. The law is designed to ensure fairness. However, can also slow the legal process significantly in New Jersey military divorces.
What legally is known as the Uniformed Services Former Spouses’ Protection Act or USFSPA allows state courts to treat military retirement pay as marital property. The division is subject to state law. Jersey is what is known as an equitable division of property state. This means that assets and debts are divided in a fair and just, although not necessarily equal manner. Division of assets also may depend upon what is called the “10/10 rule.” This references an overlap of the marriage with 10 years of military service. Dividing military pensions becomes a more complex, even convoluted, process if the 10/10 rule threshold is not met.
Service members often have TSP accounts. In simple terms, a TSP is a federal retirement saving program quite similar to a 401(k). These plans can be divided as marital property, along with other benefits like bonuses and accrued leave.
A former spouse may remain eligible for TRICARE or military healthcare. This eligibility may occur pursuant to the 20/20/20 rule:
If eligibility based on the 20/20/20 rules isn’t met, alternate health coverage will need to be arranged, which can be costly and cause anxiety for the dependent spouse.
Following divorce, access to military bases, including the commissary and exchange can be lost. With that said, if the 20/20/20 rule discussed a moment ago is satisfied, a nonmilitary spouse may maintain base privileges and commissary access for some period of time following the end of a New Jersey marriage.
Deployment, frequent moves, and long hours pose unique challenges in establishing and enforcing parenting plans. Courts prioritize the best interests of the child but must also consider how to accommodate a military lifestyle. Custody orders often require special provisions for periods of deployment or reassignment in a New Jersey military divorce.
The military has internal mechanisms to enforce support obligations. A military member can face disciplinary action for failing to pay court-ordered child or spousal support. With that noted, calculating child support or alimony can be a challenge. It can be tricky due to different allowances and tax-free benefits that can skew the income figure utilized to compute child support of alimony in a New Jersey military divorce case.
Military personnel may live in base housing or receive what is known as a Basic Allowance for Housing or BAH to pay for off-base residential accommodations. Upon divorce, housing entitlements may change, especially for the non-military spouse who must vacate base housing. BAH calculations can also affect child or spousal support amounts and must be reviewed carefully during New Jersey military marital dissolution proceedings.
Finally, the Survivor Benefit Plan or SBP is designed to provide steady income to a former spouse upon the service member’s death. For this to occur, there must be what is known as a proper election for such coverage made in associated with New Jersey military divorces. Keep in mind that this election requires specific legal language in the divorce decree and timely notification to Defense Finance Accounting Services of DFAS. Failing to address SBP can leave the former spouse without any post-retirement death benefits. Call the Law Offices of Peter Van Aulen at (201) 845-7400 for a free divorce/family law consultation today.