There are two sources of protection for our military personnel. One source is the United States Code (Service Members Civil Relief Act) found in 50 USC §§ 3901 – 4043. The other is the Utah Service Members’ Civil Relief Act found in Utah Code Annotated §§ 39-7-101 to 119, which applies only to National Guard when mobilized by the Governor.
Typical protections offered by either one or both of the preceding statutes:
- Interest rate cap for pre-service debts
- Terminate residential and vehicle lease early
- Foreclosures, repossessions, and storage lien seizures all require court orders first
Utah Code sections referring to deployment:
- UCA § 30-3-33(19) Advisory guideline
- UCA § 30-3-10.9(10) Parenting Plan requirements
- UCA § 30-3-10(9) Custody considerations
- UCA § 30-3-10.4(6) Order modification
If either party is active duty, make sure the parenting plan includes all relevant provisions of a Custodial Responsibility Agreement (§ 78B-20-201)
Retirement Considerations
Contrary to prevailing voices, military retirement is subject to equitable division by a divorce court whenever the service member obtains a property interest in such retirement. There is no service time threshold requirement. The service time requirements trigger for health insurance for the spouse under the 20/20 Rule (20 years active service coinciding with 20 years marriage) and there is a similar 10/10 rule for when DFAS will recognize and enforce a garnishment for alimony to a former spouse to be processed through DFAS. But that is not to be confused with a legal recognition of when alimony is allowed.
Matt Wadsworth is a partner in Arnold, Wadsworth & Coggins. He has been recognized by Superlawyers for many years and Utah Legal’s Elite while practicing in Salt Lake City, Utah and Ogden, Utah. Arnold, Wadsworth & Coggins has served many at Hill Air Force Base in Layton, Utah for over a decade. Mr. Wadsworth has processed many hundreds of divorce cases in Utah and has over 500 hours of trial experience while practicing for twelve years. Call for a consult today: 801-475-0123
