Crafting Enforceable Marital Settlement Agreements for Military Families

Crafting Enforceable Marital Settlement Agreements for Military Families

Divorce is always a challenging and emotional process, but it can be even more complex for military families due to the unique circumstances they face. A well-crafted marital settlement agreement (MSA) can simplify this difficult time, providing a clear path forward that saves both time and money while offering greater flexibility. At our firm, we specialize in creating enforceable agreements that address the specific needs of military families. With former JAG attorneys on our team, we bring a deep understanding of military life and the unique financial and legal challenges that come with it.

In this blog, we will explore the benefits of settling your case, the complexity of military life, and how a detailed, enforceable agreement protects your future.

The Benefits of Settling a Case: Time, Money, and Flexibility

One of the main advantages of creating a marital settlement agreement outside of court is the ability to save both time and money. Divorce litigation can be drawn out, emotionally draining, and expensive. By settling, couples can avoid the unpredictable outcomes of a court decision and maintain more control over the terms of their agreement.

Some benefits of settling include:

• Time savings: Settlements can be reached much more quickly than going through a full trial.
• Cost efficiency: Litigation costs, including attorney fees and court expenses, can accumulate quickly. Settling typically reduces these costs significantly.
• Flexibility: When you and your spouse agree on terms, you have the freedom to structure an agreement that works for both of you. This flexibility can address specific concerns, such as childcare, spousal support, and asset division, in a way that fits your unique situation.

Settling also allows couples to approach the agreement from a more cooperative standpoint, potentially reducing emotional stress and creating a more amicable post-divorce relationship.

The Complexity of Military Life in Divorce

Military families face challenges that go beyond those experienced in civilian life. Factors such as frequent relocations, deployments, and access to unique military benefits add complexity to the divorce process. These circumstances require specialized knowledge to ensure all aspects of military life are considered and appropriately addressed in the MSA.

Key issues include:

• Frequent Relocations: Military families often move due to new assignments, which can impact decisions about child custody and visitation rights. It's important to ensure the agreement accounts for the possibility of future moves and how they might affect existing custody arrangements.
• Deployments: The potential for long-term deployment may affect decisions regarding spousal support and child support. Service members may also be entitled to family separation allowances, which should be considered when determining support payments.
• Military Benefits: A comprehensive marital settlement agreement should address military-specific benefits, such as retirement pay, Basic Allowance for Housing (BAH), Tricare healthcare coverage, and Survivor Benefit Plans (SBP). These benefits are valuable and can significantly affect both parties' financial futures.

In particular, the division of military retirement benefits under the Uniformed Services Former Spouses' Protection Act (USFSPA) can be a complex issue that requires careful drafting to ensure compliance with military regulations. Only certain percentages of a service member's retirement pay may be divided, and other military benefits may be contingent on the length of the marriage and the service overlap.

What Makes a Marital Settlement Agreement Enforceable?

A marital settlement agreement must meet certain legal requirements to be considered enforceable. First and foremost, the agreement must be in writing and signed by both parties. The terms should be clear, specific, and comprehensive, covering all relevant aspects of the divorce, such as:

• Division of Assets and Debts: This includes marital property, savings accounts, investments, and military-specific assets like retirement benefits.
• Spousal Support: Whether temporary or permanent, the agreement must clearly outline spousal support obligations.
• Child Custody and Support: Custody arrangements, visitation schedules, and child support calculations must be detailed.
• Healthcare and Insurance: For military families, agreements must address healthcare coverage, including access to Tricare benefits and ensuring that coverage continues for eligible former spouses.

An enforceable agreement is designed to avoid future disputes by addressing all potential areas of conflict. If the agreement is not clear or fails to account for certain financial obligations, one party may later challenge it in court, leading to further litigation and costs.

Why a Former JAG Attorney Is Essential for Military Marital Settlement Agreements

The complexities of military life require a deep understanding of both military law and civilian divorce law. Former JAG attorneys are uniquely qualified to assist with drafting marital settlement agreements for military families because they have firsthand knowledge of military operations, pay structures, and benefits.

A former JAG attorney can:

• Navigate Military Regulations: They know how to properly account for military-specific entitlements like BAH, Tricare, and retirement benefits, ensuring that these are included in the agreement.
• Understand the Impact of Deployment and Relocation: Military life is unpredictable, and a JAG attorney can ensure the agreement is flexible enough to accommodate future moves or deployments while still protecting the rights of the spouse and children.
• Ensure Compliance: They can draft agreements that comply with military regulations, including the division of military retirement pay under the USFSPA, ensuring that you receive your rightful share.

Call to Action

If you are a military spouse facing divorce or separation, having a former JAG attorney on your side can make all the difference in securing an enforceable and fair marital settlement agreement. Our team understands the unique challenges of military life and will ensure that your rights are protected and all military benefits are appropriately considered. Contact Patriots Law Group today to schedule a consultation and receive personalized advice. Call us at 301-952-9000 or use our online scheduling link (CLICK HERE) to get started.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please contact Patriots Law Group directly.