Military divorces present unique challenges. Understanding these details can help service members and their spouses handle the process more easily. Here are five frequently asked questions about military divorces.
Where should you file for divorce?
Jurisdiction plays a critical role in military divorces. Unlike civilian divorces, military families have three options for where to file:
- The state where the filing spouse resides
2 The state where the military member is stationed
- The state where the military member has legal residence
Each state has different laws that can impact property division, child custody, and alimony. Consulting a military divorce lawyer can help you decide the best state to file in.
How do courts divide military pay, pensions, and benefits?
Courts divide military pensions and benefits based on both federal and state laws. The USFSPA enables state courts to treat military retirement pay as part of the marital estate. The Defense Finance and Accounting Service (DFAS) makes payments to former spouses if they meet the 10/10 rule:
- The marriage lasted at least ten years
- The service member performed ten years of military service
Former spouses may also qualify for full medical, commissary and exchange privileges. This is only possible if the marriage lasted 20 years, the service member served for 20 years, and there was at least a 15-year overlap.
What are the rules for alimony and child support?
Courts can enforce these obligations through:
- Court orders
- Garnishment
- Voluntary or involuntary allotment.
Courts may also require the service member to maintain life insurance to cover support payments.
What legal help is available?
Both service members and their spouses can seek legal help during a military divorce. Consulting an experienced military divorce attorney can provide specialized guidance. These professionals can help you understand applicable laws and protect your rights.
Military divorces involve intricate laws and protections that differ from civilian divorces. You can make things easier by knowing where to file, understanding your rights, and learning how courts divide assets.