MARCH 26, 2024 – Keeping a marriage on the right track is difficult. There are compromises to make and irritating habits to overlook. And these are just the little things people can work out over time. Military marriages are much harder to save once things start going downhill. Military spouses move at least once every two years (sometimes more often). Or they are separated from their partner for months or years due to deployment. Frequent moves and long separations are tough on spouses and children. Then, there is also ongoing fear and anxiety about a partner’s safety while deployed. Throw in financial strain, and suddenly, it makes sense that military couples file for divorce more often than those in other job fields. In fact, the military divorce rate is around 4.8%, higher than the approximately 2.5% of the general public.
If you are in the process of filing for a military divorce, it is important to know your rights. Divorce proceedings can quickly become overwhelming, but if you know what to do, you can better navigate this difficult time.
Filing for Divorce
Military divorces are different from civilian divorces, even though state laws still dictate the dividing of properties. If you file for divorce, you must do so in a state with jurisdiction over the relevant parties. This means you should file in a state where you and your spouse have a legal residence. If you both have legal homes in different states, it may be simpler to file in your own state. Also, the USFSPA (Uniformed Services Former Spouses’ Protection Act) states that the military servicemember’s state (where they live) must decide how to split a couple’s military pension.
That is just one part of the process, though. If you are a military spouse, the Servicemembers Civil Relief Act (SCRA) will help you file an extension if you need one. The SCRA can also delay final court rulings if you are on deployment during a divorce filing.
Child Custody Is Not Guaranteed
It is never easy to settle disputes about child custody. When it comes to military divorces, the issue of child custody is more complicated. Fortunately, courts no longer make it nearly impossible for active-duty military servicemembers to get custody of their children in a divorce. However, the courts focus more on what is best for the children. If you get deployed often, which disrupts your children’s lives, you may find it challenging to sue for custody. That said, it is not unfeasible that you may get custody. But you should ask a military divorce lawyer for help. You will also be required to set up a family care plan that you need to update every year.
There Are Amended Rules for Property Division
As mentioned above, state laws dictate who gets which property in a military divorce. If you file for divorce in a community property state, the court will divide all marital property 50/50. In plain terms, you and your spouse will each receive 50% of the shared property. But you will also each be responsible for 50% of the accumulated debt. If you live in an equitable distribution state, the court will look at fairly dividing property, even if the percentages are unequal.
Some of these set rules are amended in a military divorce. Some military servicemembers receive retirement pay directly through the Defense Finance and Accounting Service. If your spouse gets a direct payment, you may also be entitled to such payments. But you must meet the 10/10 rule, which states that you must have completed 20 years of service. Additionally, you must have been married for a minimum of 10 years, and these years must overlap with 10 years of service.
If you do not qualify for a DFAS payment, you may only receive part of military retired pay. But your spouse would have to pay you directly.
You May Lose Tricare Coverage
If you are a non-serving spouse, you may lose your free TRICARE benefits if you do not meet the 20/20/20 rule. To keep these benefits, your spouse must have served in the military for at least 20 years, and you must have been married for the same length of time. And the 20 years of marriage must overlap with a minimum of 20 years of military service.
Preparation Can Lessen the Emotional Impact of a Military Divorce
A military divorce comes with unique legal challenges. However, if you understand your rights, it becomes a little easier to get through the process. And it will also be a lot easier to look at the divorce proceedings objectively and with practical goals in mind.