Military members have unique considerations in divorce

On Behalf of | May 29, 2023 | Divorce

A divorce is a challenging process, laden with emotional turbulence and practical complexities. For military members, it may come with additional considerations due to the unique lifestyle and regulations associated with military service. Understanding these specific factors can help make the process more manageable and help ensure fair outcomes for all involved.

Military divorces often involve unique aspects, such as military pensions, housing allowances, or the Servicemembers Civil Relief Act (SCRA). These can add extra layers of complexity to the divorce process.

Understanding military pensions and benefits

One significant aspect to consider is military pensions. Military retirement pay is often seen as a marital asset, and non-military spouses may be entitled to a portion of it. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military retirement pay can be divided in a divorce. Understanding the nuances of this law can help ensure a fair division of assets.

Additionally, benefits like health care and commissary or exchange privileges may be impacted by divorce. Factors such as the length of the marriage and overlap with active service determine whether these benefits are retained.

The SCRA provides certain legal protections to active duty military members, which can delay or pause legal proceedings while they are on active duty. Awareness of these protections is crucial to avoid potential missteps in the divorce process.

Child custody

Lastly, child custody can be a particular challenge for military families due to deployments, relocations, or unaccompanied tours. Military parents should understand their rights and work with legal counsel experienced in military divorce to develop a fair and realistic parenting plan.

In conclusion, military members facing a divorce should take into account the unique aspects of their service when navigating this process. With understanding and the right support, the storm can be weathered with fairness and dignity.