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The Law Offices of Paul H. Nathan

What the Servicemembers Civil Relief Act Means for Spousal Support

Paul Nathan
San Francisco Divorce & Custody Lawyer Representing Women Exclusively

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2/24/2015
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After years of being a military wife, you have decided to call it quits with your marriage. Besides the uncertainties of life in the military, you’re also tired of being unhappy in your relationship. Your husband is never home, and you feel as though you signed up for more. Not to mention your time apart has made you both distant with each other and ready to move on.

Since your husband is away so much, you left your job in order to care for your children full-time. As a result, you haven’t made a salary in years. Since you’ve been working at home, you’ve been away from the workplace. You doubt you could find a job now anyways, and this has you worried because you’re not sure how you will support yourself and your family without the help of your husband.

You May Be Entitled to Receive Spousal Support

The Servicemembers Civil Relief Act (SCRA) protects active service members of the armed forces from civil suits. Because of this, you’re worried you won’t be able to file for spousal support. Fortunately, you have options.

Military spouses are not exempt from spousal support. The good news is, active military spouses can be sued for spousal support. Military spouses are not exempt from paying child support, and are also not exempt from paying spousal support.

Your spouse can fight back. Although the SCRA doesn’t prevent servicemembers from being sued for spousal support, it does allow them to fight back against it. For instance, your spouse can argue that your request should be delayed because his military duties prevent him from properly responding. Additionally, the SCRA can also extend or suspend time periods and statutes of limitations affecting the claim, which could potentially hurt your case.

We Want to Help

The Law Offices of Paul H. Nathan specializes in helping women get through difficult and complex divorces. We have helped many in the San Francisco area with their spousal support issues, and we may be able to do the same for you. Contact us today to learn more.



Category: Spousal Support

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