Recent Supreme Court ruling could impact military divorces
As a previous post highlighted, military couples in Springfield and nationwide have to go through a more complex process to end a marriage when compared to those going through a civilian divorce. Military laws have influence and power over the process, which often makes a military divorce more complex and challenging.
The United States Supreme Court recently weighed in on an issue involving military divorce. The unanimous decision ruled in favor of a veteran who did not believe he owed his ex-wife 20 percent of his disability pay from the Department of Veterans Affairs. The court ruled that the state courts do not have the authority to order a veteran to pay a former spouse for the loss of his or her retirement pay, which is caused by service-related disability benefits.
The final ruling of this Supreme Court case could have serious implications for future military cases. More specifically, it had the tendency to affect former spouses, especially those who were married to veterans with 50 percent disability rating or less. According to current data, through retirement and disability, retired military members that have a 50 percent disability rating or higher will receive both 100 percent military retirement pay and VA disability pay.
Ex-spouses of veterans receiving these payment will still be compensated at the same; however, those with veteran ex-spouses with a less than 50 percent disability rating could essentially see half of their alimony taken away from them following this Supreme Court ruling.
No matter what type of family law matters you are dealing with, it is important to understand what rights you have, what the current rules are and how recent cases could impact your divorce case. This can help you better navigate the process and protect your interests as well.
Source: Task & Purpose, “New Supreme Court Decision Has Serious Implications For Ex-Military Spouses,” Sarah Sicard, May 17, 2017