People tend to think divorce is a big risk for military couples, but that’s not really the full story. In a 2023 survey of military families, 86% of active-duty spouses said they’re happy with their relationships. Some experts point out that if you look at age, income, and a few other things, military divorce rates actually line up pretty closely with civilian ones.
According to military divorce lawyer H. William Edgar, getting a divorce as a member of the military is the same as for a civilian, but there are some things that make the process much more difficult for military members. Moving and being deployed a lot can make it harder to manage money and custody of children.
Deployments can potentially complicate matters. Let’s discuss the rules that are applicable when it comes to divorce cases involving military personnel.
Understanding Military Divorce Jurisdiction
Divorce jurisdiction for military personnel is different from the civilian divorce. The military status of your spouse and the station post of one of you two present significant differences that require careful consideration. The Servicemembers Civil Relief Act is a law that keeps military personnel on active duty against lawsuits. This means that those in service cannot easily be sued in civil cases, e.g., depending on state law, for a family case.
You also need to know where the case will be filed. The case can be held in your or your spouse’s state. These decisions can have a significant impact on everything from custody to profits accrued by the spouse during marriage. It is important to speak to a military divorce specialist to follow the procedure in the right way.
Division of Military Retirement Benefits
Dividing military retirement benefits may be the single most complex aspect of a military divorce. It is important to talk about this aspect of divorce since these benefits can significantly impact your overall financial situation.
You must be aware of the 10/10 rule, which would entitle you to be supported through a portion of the retirement, given that you two were married for at least ten years and your spouse was also in the service for ten years.
Keep in mind that this rule is automatic. When determining the division of the benefits at stake, the court will account for both the applicable state laws and the individual circumstances of the case. The process requires someone who is adept enough to work with all of the military benefits laws.
Child Custody Considerations in Military Divorces
Figuring out child custody agreements that are compliant with military family law isn’t easy. Deployments and sudden moves can throw everything off. When undergoing a military divorce, the most important thing to account for is the well-being of your children.
The courts favor children staying close to both parents. Parents should see to it that a suitable schedule is designed for spending time with their kids.
Parents should trust one another if they are seeking a commitment to follow through with the schedules being decided upon. Unfortunately, most of the time, military service does not allow for the rigid structures of the visitation plans. The same policy would be followed across all areas. Parents should agree on a plan but not take it for granted.
In the end, it is still all about offering a nurturing and safe environment for your child.
Spousal Support Guidelines for Service Members
There are spousal support guidelines that military members need to follow. And here are the aspects that you need to take into account:
- the length of the marriage
- individual needs and obligations of both parties
- the income of the military spouse.
Military benefits must be seen as an integral part of settlement negotiation. These benefits should include retirement benefits. Different state laws apply so it is always necessary to seek legal counsel tailored to one’s respective situation.
Impact of Deployment on Divorce Proceedings
Divorce proceedings are drastically affected when a member of the military is deployed for duty since separation often introduces challenges and barriers to communication and decision-making. It can be difficult to schedule the divorce hearing or the mediation meeting if your partner is miles away.
Provision may be afforded through the Servicemembers Civil Relief Act to the deployed spouse in matters such as court actions that need to be put on hold until the person returns.
Be informed and stay proactive until deployment arrives. It’s important to hire an attorney to manage the existing issues. Keep communication open if any chance exists for dialogue through available channels.
