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6 Child & Fam. L.J. 1 (2018)

handle is hein.journals/cflj6 and id is 1 raw text is: How Conflict Within the House Impacts a Military Spouse: An Evaluation of Combat-Related Special Compensation as a Marital Asset Anthony Cox Jr, Esq. * I. Introduction Imagine Hilary Joe marrying Donald Doe. Later, both individuals later realize the marriage is not in their best interest. As a result, the parties decide a divorce is proper and need the court's guidance in determining the fate of each party's respective assets. A common sub-issue that arises from this type of scenario is the issue of which assets the courts will consider as marital assets, for divorce purpose? Now imagine that Hilary is a military spouse that began receiving Combat-Related Special Compensation' prior to the divorce. Combat- Related Special Compensation is a unique form of monetary compensation that is reserved for military individuals that are injured in combat.2 Concisely, it is a statutory benefit that compensates military veterans who suffered from combat- related injuries.3 How does adding Combat- Related Special Compensation into the mix impact the division of property phase of Hilary and Donald's divorce? In fact, this makes the division of marital property phase of their divorce much more complex because courts, and particularly the United States Court of Appeals for the Third Circuit, have yet to set any precedent regarding the issue of whether Combat-Related Special Compensation should be considered a marital asset in the divorce context. Should Combat-Related Special Compensation be considered a marital asset in the equitable distribution context? In short, the answer is yes, based on existing Third Circuit precedent. Part I of this Comment will shed light for both the Third Circuit and military couples across the country. Part II will highlight the Third Circuit's approach to equitable * J.D., Widener University Commonwealth Law School; B.S., Old Dominion University 'See 10 U.S.C. § 1413(a) (2016). 2 Id. 3 Id. 1

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