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Military divorce and asset division in Alaska

Alaska residents who are going through a divorce and who are married to someone who is expecting a military pension or other benefitsmay be entitled to a portion of those benefits. To determine how much an individual may be entitled to, there are several documents that can be reviewed, depending upon whether the military spouse is on active duty or has retired, among other factors.

After determining how much may be available for division, the question of how to divide those benefits will have to be answered. The Uniformed Services Former Spouses' Protection Act allows each state to come up with a way to split such benefits during a divorce. Factors that may be used when figuring out how to split benefits include the length of the marriage and the number of years a spouse spent in the military.

The divorcing spouse of a service member with 20 years of service overlapping 20 years of marriage may qualify for full medical benefits. However, the amount of any benefit that a spouse may be entitled to could be reduced if a service member receives disability payments. In addition, only part of disability retirement pay can be split with a former spouse.

Individuals who are going through a divorce, whether or not one of the parties has served in a branch of the U.S. military, may wish to consult with a family law attorney prior to agreeing to any settlement. An attorney may be able to provide assistance in the negotiation or review of an agreement that covers such divorce legal issues as asset division, child custody and spousal support and which then can be presented to the court for its approval.

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