Colorado Springs Military Divorce Lawyer
In divorce matters, a service person is subject to the same laws and procedures that are applied to civilians. However, these laws and procedures affect military personnel differently than civilians. For example, the residence requirements for filing often means that a service person that lives and works in Colorado Springs is not a resident of Colorado so that he may not file for divorce here. Military pensions are divisible under both federal and Colorado law. There are many intricacies involved in the division of military pension.
Because of issues such as the division of the military pension, you should obtain the advice and representation of an experienced military divorce lawyer.
Royal A. Martin has extensive experience in military divorce and related matters. He will work to achieve a timely resolution of your divorce while protecting your rights and interests. Call Royal A. Martin, P.C., at (719) 473-7733 to schedule an appointment.
Property Division and the Military Divorce
The most important asset of many service members is their military pension. In the event of divorce, the law treats this asset as a form of marital property that needs to be divided fairly. In practice this means that the marital component of the military retirement pay is divided equally. The U.S. has enacted the Uniformed Services Former Spouses Protection Act (USFSPA), which allows the court to apply Colorado law in the division of a divorcing service member's disposable retirement pay, subject to some restrictions.
The key consideration here is the term disposable. The service member's gross pension payment does not serve as the basis for property division. First, any VA benefit payments the service member is entitled to are removed from the gross pension payment. The service member gets to keep all of the VA benefit payments. In addition, there may be other deductions based on individual circumstances such as the cost of the spousal protection plan, if any.
In addition, the divorcing spouse may be entitled to health care benefits, based on the length service. For example, the spouse of a service person with 20 years in the military will receive full medical coverage for life. The spouses of those with less service will receive a different level of coverage.
Knowledgeable and Experienced
Attorney Royal A. Martin has practiced family law in Colorado Springs since 1989, and has significant experience in military divorce cases, property division, child custody, and other aspects of marital dissolution. Royal A. Martin, P.C. will seek to protect your rights and interests at all times.
For a consultation with Royal A. Martin, call (719) 473-7733, or contact us online.
Royal A. Martin, P.C.
320 South Cascade Avenue
Colorado Springs, CO 80903
Phone: (719) 473-7733
Fax: (719) 473-9271
Serving clients in Colorado Springs, Colorado, and the surrounding areas, including the cities of Security-Widefield, Manitou Springs, Fountain, Woodland Park, Black Forest, and Falcon, and Fort Carson, Peterson Air Force Base, the Air Force Academy, and Schreiver Air Force Base.
El Paso County • Teller County
