Are you wondering, “What is a military spouse entitled to in a divorce?” If so, you are not alone.
At times, a military divorce can seem more complicated than a traditional divorce. In many situations, a military member or military spouse has questions about the differences and similarities with a military divorce.
Unfortunately, the JAG office is unable to represent service members or spouses with their New Mexico divorce. This fact can leave military members feeling overwhelmed about how NM law impacts their unique divorce.
Let’s untangle military divorce in New Mexico. In doing so, we will uncover and answer, “What is a military spouse entitled to in a divorce?”
COMMUNITY PROPERTY
New Mexico is a community property state. Accordingly, a military spouse is entitled to 50% of most property or assets built during the marriage.
For instance, a military spouse is entitled to 50% of most bank accounts, home/vehicle equity, or other property acquired during the marriage.
Likewise, a military spouse is also liable for 50% of most debt that is accumulated during the marriage. This debt can include credit card debt, medical debt, or any other debt.
In other words, community property is split the same for military and non-military spouses. As such, a military spouse is entitled to the same proportion of community property as a non-military spouse.
HOMES PURCHASED DURING MARRIAGE
In most situations, a military member is entitled to 50% of a home’s equity that was purchased during the marriage.
An exception may occur when the home was purchased during the marriage, but with separate funds.
For instance, was your home purchased during the marriage with inherited money, gift, or money earned before the marriage? If so, the community’s share of the home may be reduced by the separate funds used to purchase the home.
Was your home purchased during the marriage? If yes, was the home purchased exclusively in the service member’s name? In this situation the home is still presumed to be community property.
In other words, a home being titled in one spouse’s name alone usually does not change the community’s interest in the home.
Additionally, in some situations a military spouse is entitled to a “community lien” towards homes that were purchased before the marriage.
This community claim/lien occurs when the separate home’s mortgage was paid during the marriage, with money earned during the marriage.
Moreover, the community may have a claim towards money earned during the marriage (i.e. community money) that was used to improve the separate home.
Finally, was the home loan secured through a VA home loan? Even so, the home purchased during the marriage is still presumed to be community property.
ALIMONY/SPOUSAL SUPPORT – WHAT IS A MILITARY SPOUSE ENTITLED TO IN A DIVORCE?
New Mexico is an alimony. Therefore, a New Mexico military divorce may include alimony/spousal support.
Based on several factors, a military spouse may be entitled to alimony. Need and ability to pay are the two biggest factors that impact alimony/spousal support.
Length of marriage is the third most important factor that impacts alimony. Usually, longer marriages result in a larger claim for alimony/spousal support.
For more information on alimony in New Mexico, watch this video.
RETIREMENT & PENSION ACCOUNTS
Most retirement accounts that are built during the marriage are considered community property. Accordingly, most retirement money incurred through the marriage is split 50-50 upon divorce.
Likewise, a military spouse’s pension is considered community property.
Nevertheless, like other retirement accounts (401K, 403B, IRA), a military spouse only has a claim towards the pension that is built during the marriage.
Putting it differently, retirement accounts are split the same for both military and non-military spouses.
DISCOVERY & FINANCIAL DISCLOSURES
Are you married to a military/service member? If yes, have you been kept in the dark about assets and debts built during the marriage?
A military spouse is entitled to the same discovery process as non-military spouses. Divorce discovery is the process of revealing the assets and debts accumulated during marriage.
This process can happen informally, through a written communication for financial information.
Alternatively, the discovery process can happen formally. The formal process often involves a legally enforceable request for documents. Moreover, the formal request often requires a spouse to make financial statements/admissions under oath.
The information uncovered during discovery impacts a military spouse’s claim for:
- Community property;
- Alimony/spousal support;
- Retirement/pensions; and
- Child support.
As such, discovery is often an essential part of the divorce process. Divorce discovery is especially important when one spouse exclusively handled all the finances.
CHILD SUPPORT – WHAT IS A MILITARY SPOUSE ENTITLED TO IN A DIVORCE?
A military spouse is entitled to child support. In this respect, New Mexico has specific laws and guidelines that impact child support. These laws apply to military and non-military spouses alike.
Gross income and timesharing are the two biggest factors that impact child support.
Regarding gross income, housing and subsistence allowances are considered gross monthly income. Moreover, jump/flight pay, and overtime are considered gross monthly income.
For more information on child support, check out this video.
HEALTH INSURANCE – WHAT IS A MILITARY SPOUSE ENTITLED TO IN A DIVORCE?
Health insurance is a key difference between military and non-military divorce. A spouse is usually not entitled to health insurance through a traditional divorce.
Conversely, a military spouse may be entitled to continued health insurance after divorce.
You see, a military spouse may be entitled to continued health insurance based on the years of military service during the marriage.
For instance, a 20/20/20 military spouse involves:
- A marriage for 20+ years;
- 20 years of military service; and
- 20 years of overlap between the marriage and service.
In this situation the military spouse can receive ongoing, TRICARE coverage.
MILITARY DIVORCE ATTORNEY/LAWYER IN ALBUQUERQUE, NEW MEXICO
Have you been wondering, “What is a military spouse entitled to in a divorce?” Do you have specific questions about your military divorce in Albuquerque, NM?
Speak with an experienced and affordable military divorce attorney/lawyer in New Mexico. For over 13 years, Sanchez has handled divorces across New Mexico. Sanchez has the battle-tested trial experience to handle the most complex divorce issues.
Call one of Albuquerque’s best divorce lawyers/attorneys.
Call (505) SANCHEZ.
