Divorce is never an easy process, but for military families, it can come with its own unique challenges. Military service often means dealing with deployments, relocations, and the emotional toll of service life, which can put additional strain on relationships. If you or your spouse are considering divorce while one or both of you are in the military, it’s important to understand the legal, logistical, and emotional aspects involved.
This guide explores the complexities of military divorce, offering practical advice for service members, veterans, and their spouses.
What Makes Military Divorce Different?
While divorce laws are generally governed by state laws, military divorces must also consider certain federal laws and military-specific benefits. The following factors make military divorce unique:
- Jurisdiction Issues: Military families move frequently, which can make it confusing to determine where to file for divorce. You may file in a state where:
- You are currently stationed,
- Your spouse resides, or
- You claim legal residency (home state).
- The Servicemembers Civil Relief Act (SCRA): The SCRA protects active-duty service members from being held liable for not responding to a divorce lawsuit while deployed or otherwise engaged in military duties.
- Division of Military Benefits: Military pensions, health benefits, and other entitlements must be divided during a divorce. Federal law (through the Uniformed Services Former Spouses’ Protection Act, or USFSPA) governs how military pensions are divided, while state laws dictate how assets and debts are split.
- Child Custody and Visitation: Deployment, training schedules, and relocations can complicate child custody agreements. Courts strive to keep the child’s best interest in mind while acknowledging the demands of military service.
- Child Support and Alimony: Both state laws and military regulations dictate support obligations. The military ensures that service members fulfill their support duties, even outside formal court orders.
Steps to Take When Facing a Military Divorce
If you are a service member or military spouse considering divorce, here are key steps to follow:
1. Understand Your Rights
Educating yourself about your rights under state and federal law is critical. Consult with an attorney who specializes in military divorce to ensure you understand:
- The division of military pensions and retirement pay,
- Entitlements like TRICARE health insurance or commissary benefits,
- Your protections under the SCRA.
2. Determine Jurisdiction
Choosing where to file can significantly affect your divorce settlement. Discuss options with your attorney and determine which state provides the most favorable laws for your circumstances.
3. Gather Essential Documents
Before initiating a divorce, collect important documents, including:
- LES (Leave and Earnings Statement)
- TSP Statements covering the length of the marriage
- Deployment orders
- Marriage certificates and birth certificates
- Financial records and tax returns
4. Consider Mediation or Settlement
Mediation can help resolve issues without prolonged court battles. It may be beneficial for both parties to reach agreements on asset division, child custody, and support.
5. Develop a Parenting Plan
For couples with children, creating a detailed parenting plan that accounts for deployments, relocations, and flexible visitation schedules is essential. Courts often accommodate military parents by allowing virtual visitation and other creative solutions.
6. Address Financial Considerations
- Pensions: Military pensions are considered marital property and may be divided based on the length of marriage overlapping with military service.
- 10/10 Rule: Under the USFSPA, a former spouse is entitled to direct payments from the Defense Finance and Accounting Service (DFAS) if the couple was married for at least 10 years, and the service member performed at least 10 years of creditable military service during the marriage, and the 10 years of marriage overlapped the member’s creditable service. This rule simplifies the process of pension distribution and ensures timely payments.
- 20/20/20 Rule: Former spouses who meet the 20/20/20 rule (20 years of marriage, 20 years of service, and 20 years overlapping) may retain full military benefits, including:
- TRICARE Health Insurance (continued access to healthcare benefits),
- Base Privileges (such as commissary and exchange access),
- Military ID Cards (for identification and access to benefits).
- 20/20/15 Rule: If the marriage lasted 20 years and overlaps with 15 years of creditable military service, the former spouse may receive transitional TRICARE coverage for up to one year following the divorce.
- Survivor Benefit Plan (SBP): Ensure survivor benefits are addressed to protect financial security for former spouses.
- Healthcare: Former spouses who meet the 20/20/20 rule (20 years of marriage, 20 years of service, and 20 years overlapping) may retain full TRICARE benefits.
Common Challenges in Military Divorce
- Deployment Delays: Divorce proceedings may be delayed if one party is deployed overseas or on active duty.
- Constant Relocation: Frequent moves can complicate child custody arrangements and jurisdiction matters.
- Emotional Stress: Divorce combined with military responsibilities can exacerbate mental health challenges. Seeking support from counseling services can be beneficial.
- Financial Impact: Dividing pensions, benefits, and assets can feel overwhelming, especially when considering future financial security.
Resources for Military Families Going Through Divorce
If you’re struggling with divorce, remember you are not alone. Military-specific support services include:
- Military Legal Assistance: Many military bases offer free legal assistance to service members.
- Military OneSource: A Department of Defense resource providing counseling and support.
- Veterans Affairs (VA): For veterans facing post-divorce challenges.
- Family Support Groups: Local and online support groups can provide emotional and practical help.
Conclusion: Moving Forward After Divorce
While military divorce may feel daunting, understanding the process can make it more manageable. By educating yourself on your rights, seeking specialized legal help, and prioritizing your family’s well-being, you can navigate this difficult time more smoothly. Divorce doesn’t have to mean the end of stability; it can also be the start of a healthier, more fulfilling chapter.
Whether you’re a service member or a military spouse, remember that resources and support are available to help you rebuild and move forward with confidence.
If you or someone you know is navigating a military divorce, don’t hesitate to reach out to Plains Legal Group. Taking the first step toward understanding your situation is often the most empowering decision you can make
