Nevada Military Divorce Attorney Las Vegas
Military divorces involve a layer of federal law that does not apply to civilian divorces. The Servicemembers Civil Relief Act (SCRA), the Uniformed Services Former Spouses’ Protection Act (USFSPA), the Survivor Benefit Plan (SBP), and military-specific rules about health insurance continuation under TRICARE all intersect with Nevada divorce law in ways that require specialized knowledge. Las Vegas has a significant military-connected population through Nellis Air Force Base and other federal installations, and Hauser Family Law’s military divorce attorneys serve both active duty servicemembers and their spouses in Nevada military divorce proceedings.
Military Pension Division in Nevada Divorce Under USFSPA
A military pension earned during a marriage is a marital asset subject to division in Nevada divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) authorizes state courts to divide military retirement pay as marital property and authorizes direct payment to a former spouse from the Defense Finance and Accounting Service (DFAS) when certain requirements are met. To receive direct payment from DFAS, the former spouse must have been married to the servicemember for at least 10 years during which the servicemember performed at least 10 years of creditable military service — the 10/10 rule. When this threshold is met, the former spouse can receive their court-ordered share of military retirement pay directly without depending on the servicemember to forward payments. Hauser Family Law drafts military pension division orders that comply with all DFAS requirements to ensure direct payment is properly established.
SCRA Protections for Deployed Servicemembers in Nevada Divorce
The Servicemembers Civil Relief Act provides important procedural protections for active duty servicemembers who are deployed and cannot participate in civilian court proceedings. Under the SCRA, a servicemember who is unable to appear in court due to military service can request a stay of divorce proceedings for a minimum of 90 days. Courts may grant longer stays when the servicemember’s commanding officer certifies that military duty prevents appearance and is expected to continue. Hauser Family Law advises both servicemembers seeking SCRA stays and spouses navigating divorce while their partner is deployed.
Contact Hauser Family Law — Las Vegas Nevada Military Divorce Attorneys
Navigating a military divorce in Nevada? Hauser Family Law handles SCRA, USFSPA, and pension division issues. Contact us for a free consultation.