Legal Separation for Military Spouses. If you are a member of the military or married to someone who is and you're looking to separate from your spouse, there are some things to be aware of. Separation Versus Legal Separation People often confuse being separated with a legal separation. Separation Sometimes, couples both military and civilian that are going through a rough patch in their marriage choose to separate before pursuing a divorce. How Military and Civilian Divorce and Separation Differ Military divorce and separation issues are fairly complex because they may be governed by a combination of military codes, state divorce laws and Federal statutes.
Why You Need a Civilian Lawyer Although many of the laws applied in a military divorce will be the same as those in a civilian divorce, there are still some major differences, so you should hire a civilian lawyer to represent you in your divorce. More Information There are a few extra complications military personnel or those married to military personnel have to consider when getting divorced. Share on Google Plus. Talk to a Lawyer. Practice Area Please select How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
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Separation Versus Legal Separation
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How To Find the Best Transition Resources How can a supportive spouse help her transitioning service member find the career advice he needs? Facing the Financial Transition Finding the help and resources you need to plan for your financial transition from the military is critical. Military Spouse and Family Benefits Don't know exactly how to get your military spouse and family benefits or want to know more about what they are? Military Life Military life has a lot of nuts and bolts. There's no way of answering this question without knowing the state or country that's involved.
If you'll tell your legal assistance attorney where your home is, as well as that of your spouse, we can check the laws of those jurisdictions to tell you the grounds for divorce and whether a separation agreement would help you to get a divorce there. The Tax Reform Act allows the parties to agree as to who can claim the children as exemptions for income tax purposes. Without a written agreement, the parent who has physical custody of a child for more than half the year will get the dependency exemption.
Even a small increase in support would help offset the tax increase that will be paid by the custodial parent, and the other parent can better afford such an increase due to the taxes he or she saves by claiming the exemption on federal and state tax returns. For example, the father could claim the exemption in even-numbered years , , , and so on and the mother could do so in odd-numbered years.
Or the father could claim one child and the mother could claim the other. Such alternation would lessen the impact of higher taxes on the custodial parent.
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Instead of transferring the exemption permanently without regard to the timely payment of child support, some custodial parents agree to transfer of the dependency exemption only if the other parent is current not in arrears on child support payments by December 31 of each year. Contempt of court is the failure to obey a court order without legal justification. It is not contempt of court to violate a separation agreement unless the agreement has been made a part of court order.
You may, however, sue your spouse for breach of contract if he violates the separation agreement. A separation agreement is a contract between spouses.
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It cannot bind third parties such as banks or finance companies that have not signed it. If, however, your spouse promises to pay a bill and then breaks that promise, resulting in your having to pay, you can then sue your spouse for breach of contract for the amount of money you had to pay. While separation agreements usually have a non-harassment clause in them, you should understand that no piece of paper - be it agreement or court order--is going to stop a person from doing something he or she wants to do.
If the problem is one of physical violence, a court order would be better than a separation agreement and could be used to punish the wrongdoer if he or she violated the order. If there is only an agreement, a lawsuit for breach of contract is one possible remedy for breaking the promise of not bothering each other, but it may not be a very effective remedy. Yes, and it would be a good idea to settle these issues between yourselves.
Please remember, however, that the courts are not necessarily bound by what you say in your agreement. The terms you include for child support, custody and visitation can always be modified by the court in the best interest of the children. In the absence of proof to the contrary, however, there is a presumption that the agreement's terms concerning the children are fair, reasonable and necessary for the best interest and welfare of the children.
SEPARATION AGREEMENT SURVIVAL GUIDE FOR SOLDIERS AND SPOUSES
Unlike the terms concerning children, which are always modifiable by the court, the terms that pertain to adults are harder to change. This depends entirely on the law of the place where the agreement is to be enforced or modified — overseas or stateside.
Here is some very general guidance:. In most cases, however, this is a hard case to prove. In most states the judges cannot order you to pay child support for your child in college. But you may make provisions for college in a separation agreement and these will be binding and enforceable; the court can require each of you to perform your promises that are set out in the agreement.
Since college is less of a luxury and more of a necessity these days, it would be a good idea to consider whether you want to provide in writing for college expenses in your separation agreement. Until the child attains age 23? Some ending date should be set. The usual ones are room and board, books, tuition and fees.
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Some parents also agree on a modest monthly allowance for spending money for the child, or for travel to and from home, or for summer expenses. Few parents want to agree to finance a college education for a child at any college or university. The cost of some private colleges and universities would bankrupt the average parent. Consider putting a ceiling or "cap" on the college expenses, such as by specifying that the maximum shall be "the then-prevailing rate for in-state tuition at XYZ State University " or some other nearby public institution.