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Ways to protect your military career and benefits in a divorce

On Behalf of | Oct 4, 2024 | FAMILY LAW - Divorce, FAMILY LAW - Military Family Law

For service members, divorce can be a daunting prospect, especially when it comes to protecting their hard-earned military career and benefits. With the complexities of military law and the emotional toll of a divorce, it is vital to know how to go through the legal process. If you are a service member facing divorce in New Jersey, how can you take steps to work toward a fair property division?

Knowing your rights and options

As you seek to receive a fair share of your benefits and protect your career, knowing your rights and options is essential. In New Jersey, the courts consider military benefits as marital assets subject to a fair but not necessarily equal property division in a military divorce.

To protect your interests, you can consider the following:

  • Understanding the Uniformed Services Former Spouses’ Protection Act: Under this federal law, state courts can divide military retirement benefits in divorce cases. Thus, being aware of its implications is crucial.
  • Knowing your military benefits: Learn about your military benefits, including pension and other retirement benefits. This can help you protect all the benefits you are entitled to.
  • Negotiating a fair agreement: Work with your spouse to negotiate a fair deal that protects your military career and benefits. You can consider mediation or counseling to facilitate the process.

In addition, it is important to take into account the potential impact of divorce on your military career. For one, the emotional stress caused by divorce can affect your military performance and career advancement. Therefore, it is important to manage stress and practice self-care while going through your divorce.

Safeguarding your rights and aiming for a more secure future

Divorce is a complex and emotional process, and managing the intricacies of military law can be overwhelming. By seeking legal guidance, you may better safeguard your rights as you aim for a more secure future for yourself and your loved ones.