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Wheat Ridge Military Divorce Lawyer | How is a Military Divorce Different From a Regular Divorce?

On Behalf of | Jan 19, 2018 | Divorce |


While the general proceedings for divorce in Wheat Ridge, Arvada, and Littleton are the same for military couples, there are some additional issues that military personnel will have to consider. Some of those issues relate to child custody during deployment, allowances, and health care. These issues are specific to those involved in the military.

Jefferson County Military Divorce: Child Custody and Deployment

During a Jefferson County divorce where children are involved, child custody or parenting time will be decided. However, when a service member is deployed or unable to carry out their parenting time due to military responsibilities, what does that mean for the children? Because this is a typical situation, Colorado law has addressed this issue. If a parent in the Army, Navy, Air Force, Marines, or Coast Guard and is deployed or unable to have their parenting time, they can give their parenting time to another person. This other person is usually a new spouse or other family member, like the children’s grandparents.

Military Allowances and Divorce: How Are BAS and BAH Considered in a Divorce?

Military members are given certain allowances related to housing and supplies, known as BAS (Basic Allowance for Subsistence) and BAH (Basic Allowance for Housing). In a divorce scenario, these allowances are considered income. This means it will be used in considering what, if any, alimony or spousal maintenance is required and the amount of child support that will be owed. A caveat to this is that after a divorce is finalized, a military member’s BAS and BAH may be lowered due to the change in the household. This may require the military member to ask the court to reanalyze the alimony and child support payment amounts.

Health Care and Military Divorce: Who Gets to Keep Tricare?

Military healthcare is called Tricare and is known for being great healthcare for military members and their families. When a military couple divorces, the non-military spouse will lose their Tricare benefits. There are some exceptions, though. If the spouse was married to the military member for at least 20 years and the military member had served for at least 20 years, then the spouse is entitled to Tricare coverage for the rest of their life. For those married for 15-20 years and the military spouse served at least 20 years, then the spouse is entitled to 1 year of Tricare after the divorce is finalized.

If you are a military member or spouse of a military member and looking to get a divorce, call the best family law attorneys from the Pearman Law Firm at 720-259-9528 today.

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