Representing Military Spouses and Members of the United States Military Services
Divorce is seldom easy. The stresses of everyday life make keeping a marriage together very difficult. When military service by one or even both spouses enters the picture, things are even harder.
We represent members of the armed services or military spouses through the process of military divorce. Many of the issues in a military divorce are the same as a typical dissolution of marriage. However, additional matters, such as military retirement pay and child custody and child support while on active duty, may come into play.
It is important to choose a divorce lawyer who understands the complexities of military divorce. With more than 25 years of experience as a family law attorney, David M. Gabriel recognizes both the stress and emotional scars military service can have on both a marriage and divorce proceeding.
The Uniformed Services Formal Spousal Protection Act
Unlike civilian divorce cases, military divorces involve a complex and often convoluted combination of both Federal and Massachusetts law. One of these Federal regulations is the Uniformed Services Former Spouses Protection Act (USFSPA). This act regulates the amount of money a spouse may collect from a service member’s disposable retirement fund.
Even though the law allows for payments out of the disposable retirement fund, it does not specify what the payments should be. This can easily become an area of contention during divorce. Determining what is disposable income and what is not can lead to lengthy and costly disputes.
Having a knowledgeable attorney by your side can help you to set achievable goals concerning USFSPA, whether you are a military spouse or a member of military personnel. David M. Gabriel understands both Federal and state laws governing military retirement plans and works with clients to strategize a plan for reaching their desired outcome.
We can help
If you are in the military or a military family we can help guide you through the divorce process. We offer payment plans, accept Visa and Mastercard, and will schedule evening and weekend appointments. We also connect with those military personnel who are currently deployed out of the Country by email and/or video conferencing.