Military Divorce

The American military is large. There are millions of people employed by the armed services of the USA and many of these employees are married and some seek to be divorced. This article discusses the issues surrounding divorce when one spouse is a member of the armed services.

Separate Laws

Normally the laws of the land apply equally to all citizens and in the USA they do, however, being a member of the armed services does influence the way and extent some of the country's divorce laws are applied.

Now if you think that statement is confusing, it gets worse. You see as far as divorce law goes, there are many rules within rules and many conditions which apply to certain rules. For example, each of the sectors of the armed services has their own rules which differ from one another. And furthermore, the armed services are able to punish their employees for what they consider to be crimes or misdemeanors which might include adultery or failure to pay maintenance. And any such punishment may never become public as privacy laws prohibit such an event becoming known.

There is no such 'crime' of adultery as such but there are charges able to be brought for bring discredit to the armed forces and these could include adultery. However, such a charge could be difficult to prove.

But as with so many aspects of the law, both military and civil, there are riders or conditions or exceptions. To obtain a specific answer, you need to ask a specific question. This article touches on some of a military spouse's rights. Asking a lawyer is arguably the best and quickest way to find the answer to your question...or maybe you can find your answer at Legal Zoom's 3-Step Divorce Process.

This article is about a spouse's rights when it comes to military separation and divorce. But spouses of a service member may wish to know about other matters such as education, children, debt, retirement, etc. There are numerous publications, associations and web sites which offer help to military spouses. A listing of many sources of help can be found at Military Spouse Help.

Military Divorce Matters

Let's start with the issue of support for the spouse, the child or children or both. This is obviously vital to a military spouse who, when first separated or divorced, may have little or no other form of income or who may have moved off-base and needs to start afresh.

Remember that a court of civil law is the only court able to grant a divorce and whilst military rules do specify certain amounts for spousal and child support, the civilian court order will be the basis for a spouse's pay amount.

The US Navy, for example, recommends specific support payments and some examples are listed below. But remember these amounts are a guide only for superior officers and are enacted only if a civilian court has not given a ruling.

Spouse - 1/3 of gross pay
Spouse and 1 minor child - ½ of gross pay
Spouse and 2 or more minor children - 3/5 of gross pay.

The Navy has no power to force a member of the US Navy to make support payments unless a civil court has so ordered. So first things first - have your divorce settlement ratified by a civilian court.

The figures above illustrate a little of the circumstances of the rights of a spouse of a member of the US Military. Civil court rulings carry weight and without them, whilst the armed services person can be reprimanded, they cannot be forced to provide adequate support for their spouse and/or children.

The best course of action for any military spouse is to approach a civil court and enact divorce proceedings. This may take time and so the spouse can apply for 'temporary support orders', which, if granted, will require the military employee to pay support. If the support is not forthcoming, the spouse can apply to the court and the military employee's pay will be garnished - i.e. the share for support will be extracted before the balance is paid.

Those Exceptions and Conditions

I did mention riders, conditions and exceptions. Here's an example. If the service member is on active service - fighting overseas for example - a civil court does not have the authority to treat this person as they would a civilian. There may be a delay of up to 90 days and even when the service member is back home, he or she may apply for a further delay which the court may or may not grant.

If there is a court order in your favor and you are not receiving the support as ordered, you can approach the court and the service member's commanding officer. It is better to write to the commanding officer - the top person - rather than someone of lesser rank. State the situation clearly referring to the relevant civil court instruction. Having two allies in the battle to obtain support is better than one. Going to court should get you your court-sanctioned support but if the service member's commanding officer has a 'kind word', the funds might be forthcoming without the court action. Think smart.

To have the service member's pay removed involuntarily i.e. without the member's approval, you need a court order. You have the right to seek such an order and, if granted, you will receive the support as ordered.

More Conditions

The states have a say in these matters as well. If you divorce a service member who has a package involving retirement pay, what if anything you obtain from that retirement fund (a pension) is determined by the court which hears your divorce case. State courts are able to make individual judgments and whatever is decided at your divorce ruling will apply to that source of income. So be aware - there are Federal and State Law and there are military and civil courts.

As regards pensions and how much a spouse of a service member may receive, a major factor is the length of the marriage and ten years is a figure often used as a basis for judgment by the court. They consider how long you have been married and how long the service member has been in the armed forces. But the ruling depends on the state court.

Your Lawyer

A major piece of advice here is to always choose wisely when seeking a lawyer but in this case, the advice is even more important. For example, Federal Law overrides State Law in some aspects such as where a divorce hearing involving a service member may be held. You need a lawyer who not only specializes in family law but in military family law. There's a number of places online where you can carry out a divorce (which is much cheaper than going through the courts and lawyers). Legal Zoom's 3-Step Divorce Process can provide quick and easy online divorces.

As a spouse you indeed have rights. But what they are and how you can make whatever claims you are entitled to is the issue. Prepare well, ask lots of questions and get yourself a darn good lawyer.

Here are additional resources you might be interested in:

How to Get a Military Separation in the USA

What does your Divorce Attorney need to know about your Military Divorce?

Factors Contributing to Increased Military Divorce Rates

There's a number of places online where you can carry out a military divorce (which is much cheaper than going through the courts and lawyers). Legal Zoom's 3-Step Divorce Process can provide quick and easy online divorces.

Are you considering getting a divorce? There's an excellent ebook about deciding whether to Get a Divorce or Stay In the Relationship. Every couple should read this before making the decision.

If you're on the verge of having a divorce, read this to Save Your Marriage.