How is property division determined in a military divorce?
In Washington, property division in a military divorce is determined in the same way as it is in any other divorce. Both parties must make an honest and full disclosure of all of their assets, debts and income. The court then decides which assets and liabilities should be assigned to each party. The court is required to make a “just and equitable” division of the marital property, meaning that the division should be fair and not based solely on who held title to the property. There are several important factors the court takes into consideration when dividing property. These include each party’s financial resources, each party’s contribution to the property, the length of the marriage, and any separately owned property. Additionally, special rules apply in military divorces, such as the division of the military pension, which federal law requires to be split between the two parties in a specific manner. In most cases involving a military divorce, the court is required to follow certain guidelines based upon the military member’s status within the armed forces. For example, the court must take into account any additional compensation the military member receives from their service in the armed forces, such as deployments and bonuses. In Washington, a court may also consider any losses or gains due to military service when determining property division.
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