My husband and I have been married 3 years we have lived apart for the last 14 months. We have a 2 year old son. He is currently living with his girlfriend and getting ready to be delayed overseas. He is a Navy Seal. He has said that he is giving his power of attorney and SGLI to his girlfriend. He is also getting an enlistment bonus of $50,000. We are not legally seperated but are my options?
Family Law Attorney
If you wish to remain married, you can file for child support and a call to his command will likely ensure you receive other proper support (including making sure he doesn't divert any to his girlfriend). The military does not look kindly on those who receive dependent benefits and don't give them to their dependents. If you no longer wish to be married, you need to file for divorce and seek your share of the community. If he enlisted while you were married, you are entitled to half of the bonus he receives while you are still married (it is usually paid out over time, so you only get what comes through while married, not what comes through once divorced). But without a divorce proceeding, there is no way to ensure you get those funds. You would be well served to consult with a family law attorney in your geographic area, to better understand your rights, options, and liabilities.
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Family Law Attorney
Community property and community obligations continue in Nevada until parties are divorced. The fact that you are separated, absent a Decree of Legal Separation, is not relevant for purposes of distribution of property. On such a short term marriage, there might not be much property and debt to divide. There are certainly custody and child support issues to be dealt with. Once he is deployed, he will have protection from suit under the Soldier and Sailors Relief Act. If your intent is to divorce, you should speak with an attorney as soon as possible to determine your best course. Your are welcome to schedule a consultation with me by calling my office.
In addition to the answers above, The Uniform Deployed Parent and Custody Visitation Act , implemented in July 2012, must be applied for any provisions dealing with military custody and visitation for your two year old son.
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