Military Disability and Pensions in Divorce
A common issue in Thailand divorce for retirees in Thailand is alimony and the division of assets. The Taunton Daily Gazette reported that many veterans involved in divorce cases are fighting against using their disability benefits as divorce alimony.
Operation Firing for Effect, a national advocacy group is working to find a way for veterans to keep their compensation pay for their military service. The organization is using U.S. Code Title 38, Section 5201(a) as grounds for evidence against the courts rulings. The section states: “of benefit due or to become due under any law administered by the Secretary” shall “be exempt from the claim of creditors, and shall not be liable to attachment, levy or seizure by or under any legal or equitable process.”
Divorcing Retirees
According to The Journal Gazette, a phenomenon of couples over 50 seeking a divorce is on the rise. The issue of apportioning pensions is one of the many issues these senior divorcing couples need to deal with.
Known as “the gray divorce” it is something that has doubled over the last 20 years according to research by Bowling Green State University. Statistics also show that more women than men are initiating the divorce. This is largely due to a desire for better emotional security as a well as being more independent and wealthier than in the past.
A study by AARP showed that some divorcees in their 40s, 50s, and 60s were happier and emotionally healthier than they might have expected after the divorce.
While we have no statistics as to how many happy divorcees are retiring in Thailand; we do suspect that the number is quite high.
In many cases children have “left the nest” only to leave couples to deal with financial support, a division of assets, and inheritance as the main issues in these cases. Since a large majority involved in divorces are reliant on pensions, the division of the pension between divorcees is a also common issue of dispute.
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