Military couples face many unique challenges when divorcing, one of which includes the exceptions to the 10-year marriage rule. In addition to property division issues that are typically a part of every divorce, military spouses must consider their access to certain benefits, like healthcare and pensions. This can make a military divorce much more complex and contentious than a civilian one. Understanding the exceptions to the 10-year marriage rule can be a significant aspect of this process. A skilled Connecticut divorce lawyer can help you navigate these complexities and protect your interests.
Generally, state property division laws will still apply to a military divorce, but federal law has special effects when it comes to the distribution of a service member's retirement account from the United States government. The Uniformed Services Former Spouses Protection Act dictates the extent to which a former spouse may be awarded a portion of this benefit, and there are specific requirements that must be met in order to qualify for a share of the benefit. Awareness of the exceptions to the 10-year marriage rule becomes essential in these cases.
For example, the non-military spouse must have been married to the service member for at least 10 years in order to qualify for a share of their military pension. However, with the exceptions to the 10-year marriage rule, there might be circumstances where this isn't strictly the case. The non-military spouse will also need to meet certain requirements in order to receive direct monthly payments from DFAS instead of having to rely on their ex-spouse to remit payment.
Another important consideration in a military divorce is jurisdiction. A court's authority to hear a divorce case is usually determined by where the spouses claim legal residence or where the service member is stationed at the time of filing the petition for divorce. With the exceptions to the 10-year marriage rule, the determination of jurisdiction can be even more nuanced in military divorce cases.
In order to avoid potential malpractice, attorneys should carefully monitor these deadlines for the servicemember's SBP coverage. A missed deadline, especially when considering the exceptions to the 10-year marriage rule, is a common malpractice issue in military divorces because it can result in the spouse not receiving the full amount of their pension benefits. As such, counsel should develop an internal calendaring system that tracks these deadlines and other key dates in military divorce cases. This will minimize the risk of missing important deadlines and potentially resulting in significant financial loss for their client. In a contested case, understanding these exceptions is especially crucial.
Military members have unique legal issues that can impact the divorce process, including the exceptions to the 10-year marriage rule. For example, the law has provisions regarding child custody and support when a spouse is deployed overseas. Additionally, the way that property and retirement benefits are divided is governed by different laws. These differences can be further complicated by the exceptions to the 10-year marriage rule, particularly when determining eligibility for certain benefits. Furthermore, domestic violence issues can have a significant impact on divorce proceedings.
The 20/20/20 Rule
In a military divorce, state property division laws will determine how debts and assets are divided. However, federal law will dictate how a former spouse is awarded a portion of a military pension account. In order to qualify for this benefit, a spouse must have been married to the service member for at least 20 years and have that marriage overlap with at least 20 years of active duty. Still, it's vital to be aware of exceptions to the 10-year marriage rule, which may affect these qualifications.
Connecticut courts cannot take a period of premarital cohabitation into consideration when awarding alimony. This can result in an unbalanced distribution of assets. Given the exceptions to the 10-year marriage rule, spouses should be even more diligent about understanding their rights. Spouses should be sure to disclose all of their financial information when filing for divorce. If a spouse is unwilling to provide this information, the courts have various legal remedies to obtain it, including subpoenas served directly on a financial institution. In addition, a spouse who lies on a financial disclosure document can be held civilly and criminally liable.
Wage Withholding for Support
If a spouse is receiving a portion of their divorce settlement in the form of alimony or other support payments, they must sign a Wage Withholding Affidavit (JD-FM-178). This ensures that the court will have the correct contact information to make direct deductions from the other party’s paycheck. It's crucial to stay informed about the exceptions to the 10-year marriage rule as it can influence these settlements.
Service Duration on Divorce
Understanding the exceptions to the 10-year marriage rule can also play a role in this section. A court cannot dismiss a divorce action against an active service member who has not responded to the complaint within 30 days after being personally served with the paperwork. The original filer may request a default judgment against the non-responding spouse and be granted most, if not all, of their requested terms with regard to property division, child custody, support, and other related issues. Upon reaching a decision in their case, the original filer must serve the other party with an official copy of the final court judgment.
Domestic Violence and Family Law
In cases involving domestic violence, the safety of the family members is the most important concern. If a spouse is alleged to have committed domestic violence, the victim must immediately seek protection through the courts by implementing a restraining order and taking any other steps necessary to stay safe until the situation has resolved itself. Domestic violence, in combination with the exceptions to the 10-year marriage rule, can significantly complicate the divorce proceedings. If there is a threat of harm to children, the courts will consider this as an essential element in determining child custody.
The best interests of the children are the primary consideration in a child custody case. If the evidence proves that the non-military spouse has a legitimate claim to shared or full custody of a child, then a judge will grant this request. Likewise, if the service member has demonstrated a pattern of domestic violence that results in harm to the child, the court will likely impose strict custody and visitation restrictions.
A significant component of divorce proceedings in Connecticut, alimony (or spousal support) is intended to provide financial stability for a dependent spouse after the dissolution of a marriage, particularly when considering the exceptions to the 10-year marriage rule.
The court takes into consideration various factors, including exceptions to the 10-year marriage rule, before determining the appropriate type and amount of alimony. This is designed to address any disparities in income and earning capacities between spouses. In many cases, alimony is awarded to help the recipient spouse maintain a standard of living similar to what they enjoyed during the marriage, and may be provided for an indefinite duration. Furthermore, the exceptions to the 10-year marriage rule might influence the duration and amount of alimony awarded. When receiving alimony, it is important to understand that these payments are considered taxable income under federal and state tax laws. As such, it is essential to adhere to reporting requirements for both the payer and recipient of alimony payments, keeping in mind the potential implications of the exceptions to the 10-year marriage rule, to ensure compliance with all relevant regulations.
The recent federal tax law changes (the Tax Cuts and Jobs Act of 2017) have significantly impacted the treatment of alimony at the national level. However, the state of Connecticut continues to follow the previous federal tax treatment of alimony, which means that alimony payments remain deductible for the recipient and included in taxable income for the payer, for divorces finalized before January 1, 2019. Therefore, it is essential that both recipients and payers of alimony in Connecticut, especially those affected by the exceptions to the 10-year marriage rule, have an accurate understanding of the taxable nature of these payments and how they are reported on their federal and state tax returns.
McConnell Family Law Group
500 West Putnam Avenue, Greenwich, CT 06830, United States
(203) 541-5520