Military Divorce: What You Need to Know

While the result is the same — in that the marriage is legally ended — it’s important to understand that there are a variety of procedural nuances that distinguish a military divorce from a civilian divorce. Military divorces have a variety of unique aspects since there are certain regulations and laws that only apply to military members. In addition to jurisdictional complexities, there can be complicated issues concerning military benefit division, property distribution, child custody arrangements, and other factors that must be considered in divorce.

Here are five vital things to know about military divorce:

1. Military Members May Postpone Divorce Proceedings in Some Cases

In some cases involving military divorce, it may be necessary to postpone divorce proceedings. While a military member can obtain a divorce while they are on active duty, it’s essential to understand that there are also certain legal protections under the Servicemembers Civil Relief Act (SCRA) for those who have been deployed. If a servicemember is unable to participate in the divorce process due to deployment or because they are on active duty, they may be able to request a stay of proceedings.

2. Relocation Issues Can Impact Child Custody Arrangements

Since military service may involve frequent relocations, child custody and visitation in a military divorce can be impacted. A child custody arrangement in military divorces must consider the best interests of the child and the military member’s service obligations. In cases where a parent or both parents may be deployed, putting a Family Care Plan in place to ensure the well-being of the children is essential.

3. Military Divorces Often Involve Division of Pension Benefits

In a military divorce, just as in a civilian divorce, division of pension benefits can be a particularly contentious issue. Under the Uniformed Services Former Spouses’ Protection Act, state courts are permitted to treat military pensions as marital property — and divide them in divorce. However, there are certain rules that apply, including the following:

• The portion of the pension allocated to the non-military spouse is based on the servicemember’s rank and time in service during the marriage.
• The maximum amount of pension that can be paid to a former spouse is limited to 50% of the servicemember’s disposable retired pay.
• A non-military spouse may be eligible for direct payment from the Defense Finance Accounting Service if the marriage lasted for at least ten years.

If the former spouse was married to the servicemember for 20 years or more, the member served for at least 20 years, and the period of service and the marriage overlapped for 20 years, they may also be eligible for full health care as well as commissary and exchange privileges.

4. BAH Can Be Affected by Divorce

Basic Allowance for Housing (BAH) can be affected by divorce, depending on several factors, including child custody and support matters. For instance, if the non-military spouse has primary child custody, the military spouse’s BAH allowance may change. However, if the military member spouse has custody, they may continue to receive BAH with the dependent rate. A military spouse who does not have child custody but is required to pay child support should be eligible to receive BAH-Differential.

5. A Non-Military Spouse May Be Eligible for Medical Benefits After Divorce

If certain criteria are met, the former spouse of a military member may remain eligible for TRICARE coverage after divorce. Under the 20/20/20 rule, a spouse can keep TRICARE benefits if:

• They were married to the servicemember for 20 years or more
• The military member served in the armed forces for at least 20 years
• The period of service and duration of the marriage overlapped for at least 20 years

Under the 20/20/15 rule, a spouse in a military divorce may be eligible for TRICARE benefits for a period of one year following the divorce. To qualify, they must have been married to the servicemember for 20 years or more, the servicemember must have served in the military for at least 20 years, and the marriage and service period must have overlapped for at least 15 years. Former spouses who are not eligible for TRICARE benefits may purchase up to 36 months of temporary health care coverage through the Department of Defense Continued Health Care Benefit Program.

Contact an Experienced Missouri Military Divorce Attorney

If you or your spouse is a servicemember and you are considering divorce, it’s essential to have an attorney by your side who understands the nuances associated with the military divorce process. Providing personalized attention in every case, divorce and family law attorney Mark A. Wortman provides skillful representation to military members and their families in the greater Kansas City, Missouri area for divorce matters and a wide array of family law issues.

If you are going through a civilian or military divorce, schedule a confidential consultation to learn how attorney Mark A. Wortman can help with your case. Please contact him today online or by calling (816) 523-6100.