Military Divorce Law in Virginia

If one or both of the parties is in the military, the case can create unique issues in comparison to a situation involving two civilians. If you or your spouse has some form of military service, whether active, reserve, or guard, federal law might affect your case.

Dividing Assets From the Military can be complex. The Uniformed Services Former Protection Act or “USFPA,” the Service-members Civil Relief Act or “SCRA,” and the Virginia Military Parents Equal Protection Act, among others, provides different types of benefits both during service, post-service and retirement including:

  • Military retirement
  • Survivor benefit plans
  • “FERS” or Federal Employee Retirement System
  • “URFS” ot Unremarried Former Spouses
  • Tricare Prime, Tricare Standard, Tricare Extra, Tricare for Life or “TFL”
  • Thrift Savings Plan or “TSP”
  • CSB or REDUX and Cost of Living Adjustment or “COLA”
  • Survivor benefit annuity
  • Military disability pay
  • Child support
  • Spousal support

Retirement benefits under the Uniformed Services Former Spouses’ Protection Act or the “USFSPA” have specific rules regarding calculation and division upon divorce. It is important to consult a lawyer prior to dividing military retirement benefits to best understand your rights and to prevent the loss of any benefits. The Roop Law Firm is a leading Northern Virginia Divorce Law Firm providing services on Military divorce in Virginia.

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