The level of child custody in the event of divorce is determined by national law. It is generally based on the overall fees (i.e. basic salary, basic allowance for housing construction, basic allowance for livelihoods and possible special payments) of the service member. If the level of custody has been set by a court, it can generally only be changed by a court. The change in the amount requires another court hearing or written agreement from the other party, which is stipulated in a „consent order.“ The most important law for military divorce is the Uniformed Services Former Spouses` Protection Act (USFSPA or FSPA), Public Law 97-252 (title 10 U.S. Code, S. 1408, etc. seq.). Effective February 1, 1983, the FSPA returned to the state courts, the right to consider retirement pay as property after divorce. The FSPA provides a method for enforcing existing child care and support services, which is granted in a court order, and allows the direct payment of seniority support (if granted by national court) for certain former eligible spouses.
In some cases, the FSPA also allows some former spouses to maintain police and exchange privileges, military health care and the designation as beneficiaries of the Survival Plan (SBP). Use of separation agreements: separation agreements are not so common in Germany. Under normal circumstances, a normal couple would not sign since then, since it must be drafted and signed by a German notary who collects a substantial fee for these services. In divorce proceedings, both parties may need another lawyer. So why spend twice money? It is more common to sign a marriage contract right after marriage, especially if it involves a lot of money or real estate. (NOTE: If it is two nationalities, a separation agreement will be even more complicated, as it will be difficult to find a German notary who speaks english well enough to explain the legal issues related to them. A German notary is also legally responsible for the content of the document he has designed and the accuracy of its form!) Many spouses believe that if they were the beneficiary of the Benefit Survival Plan (SBP) while they are married, they will remain so even after the divorce. This is not the case and SBP is a mutually excluded benefit that must be taken into account in the divorce scheme.
For more information on BPS and former spouses, see the section entitled „Militär.com Benefit Plan.“ · However, divorce does not necessarily mean that child care, child support, property and child custody are resolved. It depends on the law of the place (state or country) where you apply for divorce or dissolution of the marriage. However, apart from these exceptions, the law allows the courts to distribute a service provider`s pension. Lawyers can consult Silent Partner, a legal counsel source for military legal aid lawyers and civil lawyers, published by the Military Committee of the American Bar Association`s Family Law Section. See z.B. Military Pension Division: „The Evil Twins“ – CRDP and CRSC.