Military Divorce

The year 2004 was an important year regarding divorce in the US military. It was known as a spike year when the number of divorces increased dramatically. And just like the financial crisis a few years later, immediate and dramatic action was taken. The military took it upon themselves to improve the services it offers its members. Marriage guidance became flavor of the month and many more resources were thrown into helping military marriages survive.

This makes common sense. Apart from wanting its service men and women to have a strong and stable home life, the military knows it can cost them money if couples split because pensions and child maintenance etc are part of the pay office's remit. In short, a happy marriage keeps everyone happy.

General Advice

What happens to a person who separates or divorces a spouse in the military? Like so many issues on this subject the short answer is "That depends". There are three factors to consider. How long were you married? (Remember separated is still married.) How long was your spouse in the military? And how many years of your marriage involved your spouse being a serving member of the military.

It's no wonder a straightforward answer can't be given because state, Federal and military law all have a bite of the cherry. The first thing you need to understand is that even though members of the military do have certain protections in a divorce proceeding e.g. a divorce application involving them cannot proceed if they are serving overseas, a divorce from someone in the military is pretty much the same as a divorce in the civilian world.

The military don't want to get involved in what they see as a personal matter. They don't want their members suffering marriage problems to the extent that their ability to serve is affected but they won't intervene, and can't, to save a marriage or order a divorce to proceed.

To get the best possible result from any divorce hearing for you and/or your children you need to engage a civilian lawyer who has a strong working knowledge not so much of divorce but of military divorce.

Benefits and ID Card

If you have a military ID card you can be confident it is yours until a Federal - that's right, it comes under a Congressional law - ruling says otherwise. In fact if your spouse is in the military and he or she removes your military ID, they, your spouse, could be charged with larceny. If your aggrieved spouse chooses not to endorse your military ID card, the military has the power to issue it to you regardless.

In most cases, certainly with a short-lived marriage, the non-military spouse will lose their benefits once a divorce is made final. But there are exceptions. In short, if you've clocked up twenty years or more of married life with a service member of the military, you are entitled to full benefits such as medical even if you are divorced.

If you don't have the full twenty years with overlap as described above, there are some benefits paid if you have had fifteen years of marriage and military service simultaneously. Again this needs a proper explanation and a civilian lawyer who deals specifically in military divorce is arguably your best choice.

The military does have an in-house legal team (JAG) which gives free legal advice to members of the military and their families but not on divorce; at least only in general terms when it comes to military divorce.

Housing

If you occupy military accommodation on a base and your marriage breaks down, you do have some entitlements. The commanding officer of the base does have powers in these situations and may order the serving member to vacate the premises and move to single accommodation within the base. However, if the marriage breaks down completely, the remaining spouse and any children will eventually have to vacate the military housing. A minimum of thirty days is stipulated but here military regulations come into play and matters depend on a number of issues. Again advice from a civilian lawyer is recommended.

Division of Pay from a Retired Member of the Military

If you are the divorced spouse of a retired member of the military, one obvious question you would like answered is, "Am I entitled to any of my former spouse's retirement pay [their military pension] and if so, how much?" Once again some less than definite rulings are offered because of the joint involvement of state, federal and military law.

If you wish to study how the military itself explains the situation, you will find plenty to digest at the military website.

As you will read, the opening paragraph sets the tone. Once a member of the military decides to get a divorce, a rather large can of worms is opened. Actually it doesn't use those exact words but that's what it means.

In a nutshell, a military pension is regarded by state courts as marital property which means the military pension becomes just like a civilian pension. These are divided according to the court's ruling and so it is with a military divorce. Obviously such factors as the length of the marriage come into play.

The court can rule that not only will the divorced spouse of a retired military member get part of the pension but that this payment may continue after the death of his or her former spouse. Such a payment is known as a Survivor Benefit Plan beneficiary. The spouse does not have to take such a payment but such a situation does exist.

And again it is possible for a divorced spouse to receive other benefits they enjoyed from the military when they were married after they are married. There are regulations and exceptions and every other by-law but divorced spouses or those contemplating divorce would do well to obtain expert advice from a specialist lawyer before taking any action.

It may seem a tangled web of words but the effect of a military divorce, whilst difficult and emotional, need not be so heavy a burden when it comes to finance, medical care and the like. Know your rights.

Here are additional resources you might be interested in:

What are the Benefits of a Military Divorce?

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

Factors Contributing to Increased Military Divorce Rates

What is the Difference between a Military Divorce from a Regular Divorce?

Military Divorce Rate among Military Stationed Overseas

More information on Military Divorce click here.

If you're in the USA and there's no property or finances to settle, then you can do it yourself. 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.

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

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