A divorce between any couple is going to be complex and emotional. Separating from your partner can be difficult to navigate, and when one or both spouses are members of the military, a divorce can be even more complicated. The gist of the proceedings is the same as with civilian divorces, but some special factors and rules must be abided by. For representation and assistance during your military divorce, a Farmington Hills divorce lawyer can help.
What Laws Impact a Military Divorce?
There are both state and federal laws regarding various factors in a military divorce. Any person looking to file for divorce must first state that their spouse is not a member of any branch of the United States military. This law, enforced by the Federal Service Members Civil Relief Act, aims to protect a military spouse from a divorce where they may be unable to attend hearings or proceedings.
The USFSPA (Uniformed Services Former Spouses’ Protection Act) has rules regarding the nonmilitary spouse’s ability to receive certain benefits and privileges after the divorce, including health care coverage, military retirement pay, and other benefits.
Federal law also decrees that the decision of how to divide a military pension will always be given to the state where the military member legally resides, even if it is not the state where the divorce was filed.
In What Ways Are Military Divorces More Complicated than Civilian Divorces?
Divorces where one or both spouses are military members are not necessarily more complex, but some specific rules and requirements need to be considered. The following are areas that can make a military divorce complex.
Where should you divorce?
Generally, you file for a divorce in the state or area where you are a legal resident and meet residency requirements. This can be more complicated for a military couple if one or both of them are deployed overseas or are serving on a base elsewhere. The military spouse may technically be a legal resident of an entirely different state than their spouse.
Who gets custody of the child(ren)?
It can be challenging to come up with a fair and meaningful child custody agreement when one parent may be deployed or relocated at any moment. It can be beneficial to come up with multiple custody plans that all parties agree to and use whichever one is relevant to the current situation. In your plan, you will also likely want to address visitation via online video calls, etc.
Does the nonmilitary spouse get benefits or health care coverage?
The division of assets and benefits can be complicated during a military divorce as well. A former spouse may be entitled to part of the military spouse’s pension, benefits, and more, given that they meet certain criteria. A former spouse will receive a portion of the pension, full medical coverage, and other benefits if they were married for at least 20 years and the service member was in the military for at least 20 years. A spouse who was married for at least 10 years while the service member was in the military for at least 10 years is entitled to benefits as well, just not to the same extent.