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Key Differences Between Military and Civilian Divorces
Military divorce differs significantly from civilian divorce, but understanding these differences can make the process more manageable. Each step requires careful consideration and planning, from selecting a jurisdiction to dividing military benefits. You can build a new future with the proper knowledge and experienced legal support.
Unique Factors in Military Divorce
Military life is demanding. Deployments, frequent relocations, and the stresses of service can strain even the strongest marriages. When those marriages end, military-specific laws and policies come into effect. These include residency rules, division of military benefits, and the impact of deployments or military duties on custody arrangements.
Residency and Jurisdiction
One of the first hurdles in a military divorce is determining where to file. Civilian couples typically file for divorce in the state where they live. However, military families often move due to permanent change of station (PCS) orders, making residency less straightforward. Most states allow military members or their spouses to file for divorce in the state where the service member is stationed, where the service member claims legal residency, or where the spouse resides. These options can be both a benefit and a complication. Couples must weigh factors like state-specific divorce laws, property division rules, and tax implications when choosing a jurisdiction.
Division of Military Benefits
Military benefits are among the most significant differences between military and civilian divorces. Federal laws, such as the Uniformed Services Former Spouses’ Protection Act (USFSPA), govern the division of military pensions. Under USFSPA, state courts can treat military retirement pay as marital property and divide it between spouses. The 10/10 rule often applies. This rule means that if the marriage lasted at least ten years, with ten years overlapping military service, the Defense Finance and Accounting Service (DFAS) can directly pay the former spouse’s share of retirement benefits. However, the length of the marriage doesn’t impact whether a spouse is entitled to a portion of the pension as determined by state law.
Other benefits, like healthcare through TRICARE, commissary privileges, and access to military housing, may also come into play. For example, a former spouse may retain TRICARE benefits under the 20/20/20 rule if the marriage lasted 20 years, the service member had 20 years of service, and there was a 20-year overlap between the two.
Custody and Parenting Challenges
Deployments, PCS moves, and unpredictable schedules make child custody arrangements more complicated for military families. Courts strive to prioritize the child’s best interests, but the realities of military life often create unique hurdles. For example, if a service member is deployed, they may need to delegate custody to a trusted family member or seek temporary modifications to the custody arrangement. Courts cannot penalize a service member due to their military obligations. This protection ensures that serving the country doesn’t automatically result in losing custody or visitation rights.
Child and Spousal Support
Military divorces often involve specific guidelines for child and spousal support. Each military branch has regulations requiring service members to financially support their families, even before a court issues a formal support order. These regulations ensure that dependents are not left without resources during divorce. State guidelines typically govern the amount of support provided, but military-specific allowances, like Basic Allowance for Housing or Basic Allowance for Subsistence, are considered when calculating income.
The Servicemembers Civil Relief Act (SCRA)
The SCRA protects service members involved in legal proceedings, including divorce. For example, if a service member is on active duty, they can request a delay in court proceedings. This provision prevents them from being disadvantaged due to their inability to attend hearings or respond to filings while fulfilling their duties.
Emotional and Practical Considerations
Beyond the legal complexities, military divorces often carry unique emotional and practical challenges. The shared sacrifices of military life can make the end of a marriage particularly painful. The stresses of military life, including long separations, trauma from combat, or the constant need to adapt, can create emotional scars that linger long after the divorce is finalized. Military families often rely heavily on tight-knit community networks. Divorce can disrupt these support systems, leaving spouses and children feeling isolated. Starting over can be daunting for spouses who gave up careers to support a service member’s career. Access to education benefits or spousal support may help, but the road to independence often requires significant effort and resilience.
Tips for Navigating a Military Divorce
Understanding the unique aspects of military divorce is just the first step. Here are many tips that can smooth the process.
Consult an Experienced Attorney
Military divorce involves federal and state laws, as well as military-specific regulations. An attorney familiar with these issues can help you protect your rights and achieve a fair outcome.
Understand Your Benefits
Take time to learn about the benefits you’re entitled to, from retirement pay to healthcare access. Knowledge is power when negotiating settlements.
Lean on Support Systems
Seek out resources like military family support centers, counselors, or support groups for divorced spouses. You don’t have to go through this alone.
Legal Help for Military Divorces
Navigating a military divorce can be overwhelming. Dividing military benefits, handling custody during deployments, and understanding federal and state laws is complex. At the Law Office of Hibbeler & Associates, we understand the unique challenges you’re facing and know how to protect your rights. Let us guide you through this difficult time and secure the best possible outcome for your future. Call us today at 931-236-2711 for a free 30-minute case evaluation.
