Military Divorce

Civilian couples seeking a divorce need concentrate only on the relevant laws of the state in which their case is to be heard. But if one or both of the spouses is in or has been in the military, their divorce will need to consider the relevant state laws and the relevant federal laws. It’s all due to the 1982 federal law known as the Uniformed Services Former Spouses' Protection Act or USFSPA.

The problem is not so much that this act has a large number of sections and regulations, which it has, but rather how any one of the states interprets these sections.

The USFSPA applies not just to military personnel but also to those employed in the US Coast Guard, the US Public Health Service and the National Oceanographic and Atmospheric Administration.

Originally Congress wanted to enact legislation which would care for the dutiful spouse of a service person, to make sure their many years as a spouse would be rewarded with an entitlement for example from a service person’s retirement pay. Few have ever argued against this principle but the problem has been the many variations of interpretation by the relevant state divorce courts.

Here are some tips regarding the Act and, armed with as much information as possible, you may find your way successfully through the maze. Of course you could engage a lawyer who deals specifically with military divorce law but this will come at a financial cost.

Have as much information as possible about your military spouse. You must know their Social Security number and if you can’t find your spouse to, for example, serve papers, your nearest recruiting center is a good place to start. The military is aware of good public relations and obstructing you is not seen as helpful behavior

Attempting to obtain a divorce from a member of the military involves the same steps as you would in a divorce involving civilians. Knowing the domicile address of your spouse is important in filing your application but the process is the same as in the civilian world.

The military cannot refuse an order by the court. If the issue of paternity is in question and a court orders that a blood sample be given, a military commander cannot interfere with the orders of the court.

Military pay may not just consist of the actual pay. It can be increased if the person receives an allowance or allowances. The Support Obligation is the amount determined by the court which is to be taken from the military income to pay for child support. The regulations are complex and your local military recruitment center will be able to provide the latest amounts and rulings.

The law and military law can be complex but rulings will eventually be made. Knowing even a little of the law and its recent interpretations will help you better prepare for your divorce. But no matter how knowledgeable you become, 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.