Understanding specific issues related to military divorce can help spouses navigate their military divorce effectively and protect their rights.
Key Takeaways:
- Military divorce cases are subject to both state and federal laws, adding complexity to matters like property division and spousal support.
- Military spouses have access to certain legal protections that can impact the divorce process, such as protections against service members losing rights for failing to respond to divorce petitions.
- Child custody in military divorce cases can be complicated by deployment schedules and the military’s unique living circumstances.
Although divorce always comes with its particular challenges, when one or both spouses are part of the military, the process becomes even more complex. In Georgia, as in many other states, military divorces are subject to both federal and state laws, which can make the process much different than civilian divorce cases.
At Lunn Law, we are dedicated to helping our clients understand their options for divorce and create strategies that further their unique goals. We can work with you to understand how your military service impacts your divorce and how you can take measures to safeguard your interests. Whether you’re a service member or a spouse of one, understanding how military divorce works can help you protect your rights and ensure that the process goes as smoothly as possible.
Read on to discover some of the essential details about military divorces that can empower you to make the best decisions!
What Makes Military Divorce Different?
Military divorce is not like a regular divorce. While many of the basic principles are the same—such as dividing property, determining alimony, and arranging child custody—military divorce involves a few additional complexities due to the nature of military life. These complexities include the division of military benefits, unique child custody arrangements, and specific protections for military personnel under the Servicemembers Civil Relief Act (SCRA).
Division of Military Benefits
One of the most significant differences in military divorce cases is the division of military benefits. Military pensions, healthcare, and other benefits are subject to different rules than civilian benefits. Under federal law, the Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military pensions are divided in divorce.
A key aspect of military divorce is how the service member’s pension is divided. The USFSPA allows state courts to treat military retirement pay as marital property, which means it can be divided between the spouses. However, there are specific rules about how this is done, especially in cases where the marriage lasted for fewer than 10 years.
A common misconception is that the non-military spouse will automatically get 50% of the military pension. The reality is more complicated and depends on the number of years the couple was married while the service member was in the military.
Child Custody and Parenting Plans
Child custody is always a sensitive issue in divorce cases, but military divorce cases can present even more challenges. Service members are often required to relocate, deploy, or work long hours, which can make it difficult to maintain a stable living situation for children. As a result, creating a parenting plan that works for everyone involved is often more complicated in military divorce cases.
In some cases, military parents may be entitled to specific visitation or custody arrangements due to the nature of their duties. For example, the court may have to make adjustments to custody arrangements based on the service member’s deployment schedule. The military also offers legal protections to ensure that service members cannot be defaulted in custody cases simply because they are unavailable due to military service.
If a service member is deployed, courts may allow for temporary custody arrangements to be put in place, with the understanding that these arrangements may be modified upon the service member’s return. Additionally, the law does not penalize service members for missing custody hearings due to deployment. This protection is crucial in ensuring that a military member’s parental rights are not unfairly compromised.
Spousal Support and Alimony
Alimony is another issue that can be more complex in military divorce cases. Military spouses may be entitled to spousal support, but the rules surrounding how much support they receive, and for how long, can be different than those for civilian divorces. One key factor is whether the spouse worked during the marriage, as many military spouses face challenges in maintaining their careers due to frequent relocations.
It is also important to note that military divorces have different rules regarding alimony in cases where one spouse is receiving military benefits, such as healthcare or pensions. In some cases, the non-military spouse may be entitled to continue receiving military benefits after a divorce, but only if they were married for at least 20 years and the service member’s military service lasted for at least 20 years. This rule is known as the “20/20/20 rule,” and it provides that the former spouse can retain access to military healthcare, commissary privileges, and other benefits.
The Impact of Deployment
Deployment is one of the most significant challenges faced by military families, and it can impact many aspects of military divorce. The Servicemembers Civil Relief Act (SCRA) is a federal law that provides protections for service members when they are called to active duty, including delaying court proceedings. Under the SCRA, a military member can request a delay in divorce proceedings if they are unable to attend hearings due to deployment, which can also apply to other family law issues, such as child custody and spousal support.
While the SCRA offers important protections for service members, it is essential to understand that these delays are typically temporary. After the service member returns from deployment, the divorce process can resume.
Key Considerations in Military Divorce
If you’re going through a military divorce, there are several important considerations to keep in mind:
- Legal Representation: Military divorce is complicated, and you may need an attorney who is experienced in handling military family law matters. An attorney familiar with military divorce can help ensure that your rights are protected, especially when it comes to dividing military benefits or navigating issues related to deployment.
- Retirement Benefits: Military pensions are a major part of many military divorces, and dividing these benefits can be difficult. You will need to know the rules that govern how military retirement pay is divided, as well as any limitations that may apply based on the length of the marriage and the service member’s service in the military.
- Child Custody and Visitation: Child custody and visitation arrangements can be complicated when one parent is in the military. Military parents should be prepared to work out temporary custody agreements if necessary, based on deployment schedules.
- Alimony and Spousal Support: Alimony can be awarded in military divorce cases, but the rules regarding how long it lasts and how much is awarded may differ from civilian divorce cases. Keep in mind that military spouses may be entitled to continued military benefits after divorce, depending on the length of the marriage.
Lunn Law Can Help With Your Military Divorce
At Lunn Law, we understand the complexities of military divorce and are dedicated to helping military families navigate the challenges that come with it. Whether you’re facing challenges with military pension division, child custody, or deployment-related issues, we are here to guide you every step of the way. Reach out to Lunn Law to book an initial case assessment today and learn how we can help with your military divorce.