Military Divorce Laws in Arizona

Arizona Military Divorce Laws

If you or your spouse is a member of the armed forces and one or both of you is considering divorce, you may have a lot of questions regarding military divorce laws in Arizona. For instance, how is military retirement pay divided during divorce?

The Uniform Services Former Spouse’s Protection Act gives each state the right to treat military retirement as marital property. While it does not divide military pay mandatory during a divorce, USFSPA recognizes that an Arizona court has the right to distribute retired military pay to a spouse or ex-spouse involved in a military divorce. It also provides a method of enforcing the orders related to the distribution of military retirement pay through the Department of Defense.

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To utilize USFSPA, there must have been a portion of the former spouse’s military retirement pay awarded in the final Arizona Divorce Decree or Decree of Legal Separation. It’s also important to note that while the family court system intends to divide marital assets “equitably” that does not necessarily mean equal distribution. Various factors will be taken into consideration, and all will vary depending upon the specifics of the case.

The portion of military retirement pay designated as marital community property can be defined in fraction form with the top number (numerator) designating the total number of months or years that the two parties were married during the time of military service and the lower number (denominator) being the total number of months/years of military service.

Note: Determining the exact amount of military retirement pay that will be designated as a community property asset may not possible until the service member is retired.

If you have questions about military divorce laws in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have decades of combined experience successfully representing clients in divorce and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.

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