The breakdown of a marriage can, in and of itself, be one of the most stressful times in one’s life. And if your immigration status is based on your marriage to a U.S. citizen or permanent resident, a separation or divorce may introduce additional challenges and heighten your anxiety. Sadly, it is not uncommon for a U.S. citizen or permanent resident spouse to even use their spouse’s immigration status as leverage in divorce, custody and child support matters.
Blogs by Rama Taib-Lopez
This is Part II of a 2-part series on common issues and challenges military servicemembers and their spouses face during a divorce. Click here to read Part I on jurisdiction, the Servicemembers Civil Relief Act, and calculating military income for spousal or child support issues.
Will Military Retirement Pay be Divided, and if so, how?
One of the biggest issues you can encounter is the division of your or your spouse’s military retirement pay. The Uniformed Services Former Spouses' Protection Act (USFSPA) governs military retirement pay and provides the state courts the authority to divide a servicemember’s military retirement pay in a divorce.
Divorce, in and of itself, can be a difficult and complicated process. If you or your spouse is a member of the U.S. military, there are additional factors, considerations and challenges that come into play.
On July 24, Maryland Attorney General, Brian E. Frosh, issued an opinion that clarifies an important and relatively new aspect of family law: same-sex divorce. The opinion – which was hailed by such organizations as Equality Maryland, FreeState Legal Project and the Maryland State Bar Association – further defines the term “adultery” to refer to any extramarital affair, regardless of the sex of the individuals involved.
As the Attorney General Frosh said in his opinion:
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