Military Divorce

A military divorce is almost but not quite the same as a civilian divorce. So assuming you are the spouse of a military member, you need to understand the things which may make your divorce different.

Your divorce will be heard in a state court and the issues of custody of children and alimony, if applicable, will be decided using the same rules and regulations as would occur in a civilian divorce. But here are some unique aspects found in a military divorce.

Retirement pay may be a major factor. There is federal legislation regarding the income of a retired military person and how much of that retirement income may go to a spouse after a divorce is a matter for the state court. But each state is independent and interpretations of the federal law have varied greatly. Be aware of this fact.

The service member has more choice in which state the divorce will be heard. Now apart from possibly making you travel a greater distance, this is important because some states have ruled in certain ways regarding the retirement income split. A service member may elect to have the divorce held in a state which has a history of seemingly favoring the retired service member rather than the spouse.

What is the pay of the service member? Did they have only their salary? Or did they receive an allowances or allowances? Do they receive a disability allowance? Is their entire pay made up of their disability allowance? These questions are important because they may well influence the court when it rules on the amount awarded to the spouse.

If as the spouse you want to get on with your divorce and your military spouse is on active duty, there are rules which may thwart your ambition. A serving member is protected from divorce application while on active duty and even for time after they return. You may be kept waiting for some time.

As mentioned previously, interpretation of military divorce law can vary from state to state. There is often the aspect of how long you have been married to a serving member. If your spouse retires before reaching 20 years of service and if he or she does but then joins another branch of the service such as the National Guard, there are rules regarding the separation bonus. How does your state rule on this matter?

If your spouse is in the reserve or guard there is such a thing as a ‘bad year’. This is a time when the spouse dropped out or was not paid for their service. If the court is to calculate your percentage of a service retirement income, time spent as a bad year will not count and so your amount of the retirement pay will be reduced.

This point is just one of many which can easily confuse a spouse with no legal training or experience. The issues are complex and best explained by an experienced lawyer working in the field of military divorce.

There are certain things which you must know. The Social Security number of your spouse and his or her whereabouts plus those of your children, if any, are the absolute basics.