Honolulu Military Divorce Attorneys
Ending a Relationship Without Combat in Oahu and Neighboring Islands
Sometimes, relationships simply do not last. Our lawyers are available
to any military couples on an island of Hawaii who find themselves in
a marriage that is not working anymore. In keeping with our philosophy
on divorcing with decency, we aim to help military clients end relationships
and settle assets in a way that is civil, amicable, mutually beneficial,
and preserves the friendship at the heart of the relationship.
If you are a military couple considering divorce, call our lawyers for
assistance through the process:
What Is the Difference Between a Divorce and a Legal Separation?
divorce and a legal separation are both options for couples who wish to distance themselves from each
other and end their relationship. They live separately in both cases.
In a legal separation, however, the two are still technically married.
This could serve to benefit couples who have religious or moral oppositions
to divorce. Additionally, it could appeal to couples who do not wish to
remain in a relationship but still hope to benefit from filing jointly
on their tax documents or receiving their spouse’s health care coverage.
In military relationships, legal separations allow for further preservation
of military benefits and assistance.
You remain entitled to:
- Support for you and your children provided by your spouse
- Your military ID card
- Full benefits you became accustomed to
Couples who are separated typically continue to receive Basic Allowance
for Housing (BAH) when living off-base as well, though the situation is
dependent on if both of you are servicemembers or who the one serving
is and who has the majority of custody of the children. Our military divorce
attorneys in Honolulu will be able to evaluate your situation and work
to preserve as many benefits as possible.
How Is a Military Divorce Different?
The process of divorce is universal regardless of your profession. For
military members, however, additional factors apply that may affect the
Ways in which military divorce can be different include:
- Longer process if the military spouse is active duty or stationed overseas
- Implications of Uniformed Services Former Spouses’ Protection Act (USFSPA)
- Effect on retirement payment receipt from the Defense Finance and Accounting Service
- Pension division between the couple
- Thrift savings plan
- Survivor Benefits Plan restructuring
- Base privileges and Tricare eligibility
- Complicated custody or visitation settlement if the service member is required
to travel a lot
- "Early return" of dependents rights which provide for costs of
relocation to home of origin for spouses and dependents
Our lawyers will work with you to understand the details of your relationship
and preserve the benefits you are entitled to after your divorce. As a
broad rule to determine your eligibility, military divorce typically abides
by the 10/10 rule or the 20/20/20 rule. They both relate to the length
of marriage and the length of service, as well as the length of overlapping
time of each. The rules vary based on specific benefits in question. Based
on the length of your marriage and service, your spouse may be eligible
to some benefits and not others.
Our attorneys can help military couples stationed on any of the Hawaiian
Islands file for divorce. After all, we “wrote the book” on
divorce. We’re happy to announce the content is inclusive to our
If you are a military couple considering divorce,
contact our lawyers to protect your benefits.