Military Divorce

The concerns of a military spouse who is considering divorce far exceed those of a nonmilitary spouse in the same situation. A military divorce names many of the same requirements. But here are special rules and requirements that apply to US service members and their spouses when they divorce. Where should you file for divorce? How are military pay, pension, and benefits divided during a divorce? These are important questions for service members and spouses looking at divorce.

State and federal laws govern a military divorce. For example, federal laws may affect where couples end up in court or how military pensions portion between the spouses. Whereas state laws may affect how alimony and spousal support may be issued.

Laws designed to protect military service members and their families add to complexity of obtaining a divorce and include:

Soldiers and Sailors Civil Relied Act (SSCRA)

Spouses cannot sue or begin divorce proceedings while the US service men and women are on active duty or for 60 days following active duty (at the order of the court). This is so military service members may devote their time and energy to defending the nation.

Uniformed Services Former Spouses Protection Act (USFSPA)

Like civilian retirement benefits, military pensions are subject to division between spouses in the event of divorce. State courts may treat military retirement pay as either sole or community property depending on the state. While the USFSPA does not provide a formula for dividing the amount of retired pay, the specific state laws generally determine and award the amount.

Which state to choose to file for divorce

So, in addition to all of the circumstances that lead to a spouse to seek a divorce, military spouses must also consider where he or she will file for divorce. A military spouse may choose between the state where he or she resides, the state where the military member is stationed, or where the military member claims legal residency.

We offer a free, no obligation consultation. We can help you find the right solution for your specific situation. You can contact us today to schedule an appointment,