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Being in the Military has a significant impact on the proceedings of any divorce, particularly in Colorado.  In general, this is because the Federal Government has special rules and protections for military personnel.  These protections originated due to the fact that military personnel were often away from their place of legal residency and did not have the time to properly file responses to civil suits.

Therefore, the Federal Government has passed several laws giving special privileges to military personnel.  These range from being protected when they don't immediately respond to a legal notice to having retirement pay being protected to some extent.

Jurisdiction And Military Service

Since Colorado-based military personnel are frequently relocated, they can be in several places in a short period of time. This presents unique problems for any court seeking jurisdiction over such a person.  The issue is even more complicated in divorce since one has to now take into consideration the legal residence of the spouse. 

In general, military personnel are allowed to have two types of residence.  Their legal residence and the residence in which they are stationed.  If they are separated from their spouse, then we may have to factor in the legal residence of the spouse as well.

Clawson & Clawson, LLP, handles Family Law/Divorce cases for military personnel in Colorado and in any other state or country, even if the client does not live in Colorado or even attend hearings physically in Colorado.

Military Retired Pay

In 1981, the Supreme Court ruled that Military Retired Pay could not be treated as community property, which meant that a former spouse could not claim part of it.  Later on, Congress passed the Uniformed Services Former Spouse Protection Act (USFSPA) which gave courts the authority to do so.

There are several complicated variables surrounding a military divorce and property rights, including the division of Military retirement.   The courts have adopted certain methods of calculating the spouse's portion of the military member's retirement based upon several factors.  Current laws have adopted a formula to arrive at an equation awarding the spouse their percentage share of the military retirement based upon a host of variables related to the length of marriage versus and the length of the marriage.  Once this is determined, the Court can arrive at a percentage marital share that the spouse would be entitled to receive.  Sometimes, however, the parties have significant assets, and instead of dividing the military retirement there are other creative ways to arrive at an equitable division of the marital estate, for instance they will utilize the services of an accountant and assign a present value to the award, where the accountant would take the future retirement and calculate, based upon mortality and other factors, what the retirement would be worth today.  The present value would then be offset in the division of property.  The factors involved with military retirements, survivor benefits, and the complicated language that must be included in Court orders and agreements in order to reserve the right to present and future retirement benefits legally must be seriously considered when deciding whether you need an attorney to assist you with your military divorce.  

Also, the law clearly states that unless a Court has some type of jurisdiction over the military personnel in question, the pay cannot be legally divided.  This means that the Court must have jurisdiction legally over the service member (unless he or she consents to it) prior to dividing military retirement pay.

Hiring A Clawson & Clawson, LLP, Military Divorce Lawyer/Attorney in Colorado 

Due to the complex nature of military divorce cases, it is recommended that you contact an experienced Colorado-based Clawson & Clawson, LLP, divorce lawyer/attorney before taking any step in a military divorce. The slightest mistake and you could lose your rights on a mere technicality.  Navigating the minefield of Military law isn't easy.