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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.


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