Representing Military Servicemembers And Families In Kentucky Divorce Proceedings
When a marriage ends in Kentucky, there are some special considerations if one or both members of the couple are active members of the U.S. military. Many of the rules that apply to all divorces in the commonwealth also apply to military couples. However, it is best to hire an attorney who has handled military divorces and understands the special situations that may arise as the legal process moves forward.
At Aldridge & Birdwhistell, our attorneys have handled many military divorces and can guide you through every stage of this difficult process. They are knowledgeable about the unique stressors that military families can experience and can advise you on custody matters, child support, asset division and more.
Special Considerations For Military Divorces In Kentucky
There are several ways in which active military service by a spouse living or stationed in Kentucky impacts their divorce. Here are a few of the most common:
- Divorce proceedings involving an active service member may be postponed the entire time they are on active duty, and up to 60 days after that duty ends.
- The Uniformed Services Former Spouses’ Protection Act, along with state laws on property division, governs how military benefits are divided in a divorce.
- The 20/20/20 rule in military divorces indicates that the non-military spouse may qualify for lifetime military benefits if they remain unmarried afterward, if they were married for 20 years, the military member performed 20 years of service creditable toward retirement pay, AND there was a 20-year overlap of the marriage and military service.
- In Kentucky, child and spousal support requirements may not exceed 60% of a military member’s pay.
We Honor Those Who Serve Through Our Representation
Our firm believes in providing honest, diligent representation to members of our nation’s military. Our lawyers serve clients living or stationed throughout Central Kentucky. Call 270-765-2000 in Elizabethtown or 270-505-9219 in Louisville to set up a free case consultation. You can also email us by using our online form.