On behalf of Stange Law Firm, PC posted in Military Divorce on Thursday, May 22, 2014.
A most important aspect to remember about the law is that it is never set in stone. The law may dictate how the legal process handles topics ranging from divorce to burglary to copyrights, but these laws must be interpreted, and that interpretation can change. This is one of the main reasons that attorneys are so vital to the litigation process: they make it their business to stay up-to-date on the latest legal precedents all across the country.
Missouri residents may not have heard of a recent ruling by the Ohio Supreme Court, which determined that certain military retirement benefits are considered marital assets and are thus divisible in divorce proceedings. Rulings like this may affect the landscape of military divorce in Ohio, but a large portion of the country already considered such benefits as marital assets. In fact, only three states now do not consider retirement benefits as marital assets.
While this ruling itself only affects Ohio, the precedent is relevant throughout the entire country, including Missouri. Even if you have experience with family law matters, circumstances can change at any moment. Legal changes, such as the one regarding retirement benefits, only serve to make the already difficult topic of military divorce even more complex.
Military service brings many complications into a divorce case, not the least of which could be that some parties may not even be present. If the military spouse is deployed overseas, it adds another element of difficulty to a divorce proceeding, as it requires a special approach to give all involved parties fair treatment in the divorce proceedings. Additional factors in a military divorce include the 10/10 rule and many other plans and acts that must be taken into consideration in a divorce case. If you’re going through a military divorce and all of this sounds too complicated, consider seeking legal counsel for help and advice.
Source: Akron Legal News, “Unvested military pensions now marital property,” Richard Weiner, May 16, 2014
