Special requirements apply to U.S. service members and their spouses when they divorce. Even though military divorces are no more complicated than civilian divorces, specific rules must be followed. These differences can be in relation to compliance with support payments, residency or filing requirements, or the division of military pensions.
Military Divorce
Military divorce is governed by federal and state laws. Federal laws may determine when couples that are divorcing end up in court or the division of military pensions. State laws, on the other hand, may have an impact on how spousal and alimony support is issued.
Prior to a court granting a divorce to any military member or spouse, they may have the authority to hear the case. Normally, jurisdiction is determined by where the person lives.
There is also a residency requirement in military divorces, even though many states reduced it. Military members and their spouses have three choices when it comes to the location where they are allowed to file for a divorce:
- The state where the filing spouse lives.
- The state where the military member is stationed.
- The state where a military member claims legal residency.
Property distribution, child custody, child support issues, and others are determined by the state in which the divorce is filed. This means that certain conditions of a divorce may change based on the laws in that particular state.
Additionally, service members that are on active duty are protected by the court. For example, active service members are protected from a default judgment and are able to apply for a temporary halt to any civil action such as child custody proceedings.
Military Benefits and Pensions
Military pensions are subject to division between spouses following a divorce. State courts are able to treat military retirement pay as community or sole property, depending on the laws in that particular state.
Additionally, payment of the spouse’s share of military retirement is directly paid by the Defense Finance and Accounting Service to the former spouse. This applies only if the spouse was married for at least 10 years, which overlapped with 10 years of military service.
No matter the length of the marriage, courts can still authorize payments to a military spouse who has not been married for more than 10 years as an offset. However, the payment would come from the retiring spouse instead of the DFAS in this type of situation.
Child and Spousal Support
When it comes to spousal maintenance and child support, the military has special rules that are created to ensure a service member’s family support obligations beyond separation or divorce.
Courts may enforce child and spousal support obligations in many different ways. This may be done through a court order, garnishment, or voluntary or involuntary allotment.
Courts may also require that the spouse who is providing must maintain life insurance to cover child or alimony support payments for a certain period of time.
Military divorce does require special knowledge of the laws, and because of this, it is probably a good idea to consult with a divorce lawyer who has experience with military divorce cases.
