How is property division determined in a military divorce?

Property division in a military divorce is determined according to Wisconsin law. Typically, when a couple divorces, the court looks at the income and assets that each spouse has at the time of the divorce and divides them in an equitable manner. When one of the spouses is in the military, however, the court takes into account the unique circumstances presented by that spouse’s service in the military. In a military divorce, the court typically considers the length of the marriage and the effect of the spouse’s military service on the couple’s finances. For example, the court may take into account the military spouse’s frequent moves and deployments that caused financial hardship and disruption of family life. The court may also consider any state or federal laws that affect the division of marital property. In addition, any martial property that was purchased with money from the military spouse’s pay or allowances may be classified as “military property,” and the court may grant the military spouse exclusive ownership of it. The court may also consider special rules related to pensions or survivor benefits that the military spouse may receive after the divorce. The court may also make special allowances for the military spouse if the divorce affects the spouse’s career or military benefits. The court can also divide the couple’s pension, retirement benefits, and other assets according to the rules and regulations of the military. No matter what the specifics, the court always looks to ensure that the division of marital property is fair and equitable. The court may also award the non-military spouse a larger share of the marital property in certain circumstances.

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