Are there any special rules for division of assets in a military divorce?

In Nebraska, military divorce law provides special rules regarding the division of assets in a divorce. All assets and liabilities acquired during the marriage are subject to equitable division in a military divorce, just as with a civilian divorce. However, certain military benefits are exempt from division in a divorce and will remain the exclusive property of the service member. These military benefits include: disability benefits, GI Bill benefits, VA medical benefits, and any pension benefits the service member has earned while in the military. If the service member has retired from the military and is receiving retirement pay, the court has the discretion to divide the retirement pay between the parties. In such a situation, the court would provide the non-military spouse with a portion of the benefits via direct payments or through an award of a portion of the military member’s pension. The court can also order the military service member to pay alimony or spousal support. If a divorce is finalized while the service member is still active, the court may consider the service member’s potential career advancement when determining the amount of alimony. In some cases, the court may require the military service member to purchase life insurance in order to guarantee payment of alimony in the event of the service member’s death. Ultimately, it is important for people going through a military divorce in Nebraska to discuss their specific situation with an attorney who is familiar with both military divorce law and Nebraska state law. The laws and regulations that govern military divorce can be complicated, and it is important to ensure that all of the rights of both parties are protected.

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