Military Divorce

The US military is a vast organization employing millions of Americans. Most are married and thus any divorce involving a member of the military involves a spouse and possibly children. The authorities, through their various sections, do much to assist military marriages but every year thousands of military divorces are granted. Not necessarily at a higher rate than civilian divorces but nonetheless a significant number.

Federal Protection

The main thing you need to know is that a military divorce and a civilian divorce are not the same. A military marriage has certain protections which are enshrined in federal law. Congress reckoned that serving men and women in the military should be free to concentrate on fighting for their country and not be bothered with lawsuits including divorce applications.

Now this isn't some blanket cover and criminal acts naturally are not condoned or covered by the legislation.

Military divorce regulations using the Servicemembers Civil Relief Act mean a serving member of the military cannot be held in default for failing to respond to a divorce application. This does not mean the military spouse can ignore the divorce papers. He or she should advise the court of their employment and location and even engage a lawyer to act on their behalf. The court has discretion but in most cases a stay of proceedings will be issued until the member of the military is free from the service overseas and has had time upon returning home to gather their thoughts and get their house in order.

For the member of the armed forces, delaying the divorce may be financially expensive in that any division of property and especially any military pension and benefits may be awarded to your spouse according to the length of your marriage. A long separation and a delay in responding to the application may be costly.

Federal law also covers the venue for the divorce hearing and the division of military retirement and, if any, disability benefits. Federal law determines in which state the hearing will take place and prevents disability benefits from becoming community property.

No matter what a state court can do with assets from a civilian marriage, the military regulations in the federal USFSPA legislation, lays down regulations as to how military pensions are calculated and, in the case of a divorce, how they will be shared if at all. The USFSPA legislation specifically states that retired military pay can be treated as community property by a state court but the same is not true of military disability pay. Know too that the federal law defines the military in a broad way meaning all sections of the armed services, National Guard, reservists, retired military members and even such organizations as the US Public Health Service and the National Oceanographic and Atmospheric Administration.

Regarding the location of the court to hear a divorce, federal legislation allows members of the military in most cases to apply to a court in the state in which they are stationed. In civilian law the state is almost always the state in which the applicant has a permanent address.

Complex Issues

The allocation of military benefits is decided by state courts but federal law applies. This law is complex and a lawyer who specializes in military divorce law is the best person to advise you. If you wish to study the details of this law there are web pages with the information. Cornell University offers such information.

Military Regulations

A Military Court Order (MCO) can allow the spouse of a retired military member to receive up to 50% of the disposable income of the retired service man or woman. Now that is the disposable money received by the retired member of the military after deductions have been removed. Deductions include such things as debts owed to the federal government and National Service Life Insurance premiums.

Retirement pay can consist of between 10% and 100% disability pay. The disability must have occurred or been caused in the line of duty but the disability may not have evolved immediately. This means that the funds available to be divided between the military and his or her former spouse can alter even after a divorce has been granted.

As disability pay is non-divisible, a former spouse may feel hard done by especially if the percentage of the retirement pay is largely or completely treated as disability pay. A veteran has an incentive to receive as much of their pension as a disability pension in that he or she can keep 100% of such pay. Not that a member of the military would want such a disability but from a financial point of view, this is one aspect of a military divorce which can seem harsh and unfair.

One particularly controversial aspect of military divorce regulation concerns re-marriage of a military spouse. If the initial divorce ruling has ordered the non-military spouse is to receive a certain percentage of the retired military pension, that ruling remains in force even if the non-military spouse re-marries.

The military pays a variety of benefits to various members but such benefits are no longer paid once a divorce is granted. Both parties would do well to know this information in planning for life after divorce. Sponsored child care on a base is lost if the non-military spouse is awarded custody and moves off base.

Medical and dental benefits for the non-military spouse will be lost and so she or he should prepare for this and try and arrange a better settlement at the divorce to compensate for this loss of health insurance.

Special pay is given for serving members in a dangerous situation such as a war zone. These special pay amounts are provided to the family but after a divorce, the non-military spouse will not be entitled to such amounts.

If a serving member is studying to improve their qualifications and chances of promotion, if such a member after a divorce moves from a married to a single status, they will almost certainly receive a lower amount in assistance.

The armed services have a large number of regulations which are unique. Civilians will never encounter these rules in their divorce. As always, the best advice for anyone involved in a military divorce is to seek quality professional advice. A lawyer who deals exclusively in military divorce would be an excellent choice.

Here are additional resources you might be interested in:

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.

How to Get a Military Separation in the USA?

What are the Divorce Rights of Military Spouses in the USA

More information on Military Divorce click here.

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.