Military Divorce

military-divorceDivorce cases involving military families are quite different from civilian divorce cases. There are unique issues that must be resolved that are exclusive to members of the armed services. It is important to get legal representation that understands the differences between military and civilian divorce. At Bivek Brubaker & Prescott, LLC, our Marietta military divorce lawyers have extensive experience guiding military families through the legal process. Let us put our experience to work for you.

If you or your spouse is a military member and you are facing the prospect of divorce, it is important to get experienced legal help. Contact our Atlanta area family law attorneys online, or call us at 866-527-2630 to schedule a 30-minute consultation to discuss your situation.

Special Issues Surrounding Military Divorce

While a divorce involving military members will ultimately help resolve typical matters such as child support and child custody, as well as property division and spousal support issues, there are a number of special issues that must be considered in these types of divorce cases, including:

Benefits division: Military retirement pensions and other benefits that are offered to armed services members are often one of the biggest assets that is subject to property division. Our Atlanta divorce lawyers have extensive experience helping people reach quick, equitable settlements of all benefits packages.

Click here for an overview of military medical benefits available to a non-military spouse after divorce.

Deployment and child custody: Deployment typically means that you and the other parent of the child will be located in different jurisdictions, different states or different countries. This can pose a variety of problems when it comes to child support, custody and visitation matters. We will work hard to develop a parenting plan that helps children maintain a relationship with both parents, regardless of their location. We have extensive experience and expertise in crafting interstate parenting plans for military service members and have effectively argued in Court in favor of those serving our country.

Rules and regulations among military branches: Whether you or your spouse is a member of the Army, the Navy, the Marines, Coast Guard or another branch of the military, there will be conflicting rules and regulations that must be considered in terms of handling the divorce. We understand the varying rules and procedures to help guide you through the process efficiently and effectively.

Having an attorney who is unfamiliar with the issues that are raised in a military divorce can lead to a disaster. At Bivek Brubaker & Prescott, LLC, our lawyers are well versed in this area of law and have helped many military families through this difficult time in their lives.

Child Support and Military Pay

A question often asked of us when we are dealing with a military service member is how do we compute military pay for the child support worksheet? Income for a parent who is an active duty member of the regular or reserve of the United States armed forces, the United States Coast Guard, the merchant marine of the United States, the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration, the National Guard, or the Air National Guard INCLUDES:

1. Base Pay;

2. Drill Pay;

3. BAS, whether paid directly to the parent or received in-kind; and

4. BAH, whether paid directly to the parent or received in-kind, which is determined at the parent’s pay grade and without the dependent rate, but includes the portion of the allowance that is not attributable to the area variable housing costs.You can find the actual amount for the BAH at the website for the Department of Defense (

Special pay or incentive pay, allowance for clothing or family separation, and reimbursed expenses related to the parent’s assignment to a high cost of living location shall NOT be considered income for the purpose of determining gross income. O.C.G.A 19-6-5.

We can help you understand military pay and use our knowledge and expertise to give you the best possible results depending on your situation and goals.

Survivor Benefit Plan Open Season

A recent change allows, from now until November 25, 2016, a military retirees’ SBP coverage to be transferred from a former spouse to a new spouse, if the former spouse dies. This also affects reserve-component retirees who purchased Reserve Component SBP.

This open season applies only to those:

  1. Who had SBP coverage for a former spouse before November 25, 2015; and
  2. Whose former spouse died before November 24, 2015; and
  3. Who subsequently remarried on or before November 25, 2015

If you are remarried after November 25, 2015, you can apply to the DFAS but you must apply within one year of your marriage. The former spouse SBP open-season coverage does not apply if SBP coverage was discontinued for any reason other than the death of the covered former spouse. For more information see DFAS Website.

The attorneys at Bivek Brubaker & Prescott LLC are military divorce law experts, and can help with your military divorce needs in Marietta, Atlanta, and surrounding cities.

Call for a Consultation With an Atlanta Military Divorce Lawyer

From dividing property to developing a proper custody and visitation plan, the issues confronting military families in a divorce require an experienced and understanding hand. Contact our Marietta military divorce attorneys online, or call us toll free at 866-527-2630 to schedule a 30-minute consultation to discuss your situation.