Getting divorced is never simple or easy, especially for military spouses. Between deployments, frequent relocations, complex benefits, and military pensions, the divorce process usually involves complex legal, emotional, and logistical hurdles. Working with a divorce lawyer for military spouses is, therefore, essential.
What a Military Divorce Attorney Does
One of the biggest challenges in military divorce proceedings is reconciling military regulations with state laws. While divorce proceedings are governed by state law, the military overlays a set of rules regarding retirement pay, health benefits, and custody during deployment.
Qualified divorce lawyers for military spouses understand how to bridge this divide, ensuring your case complies with state statutes and military protocols like the Servicemembers Civil Relief Act (SCRA), which can delay court proceedings while a service member is on active duty.
Jurisdiction Matters and More
In civilian divorces, couples typically file where they live. However, military families who move frequently might find determining jurisdiction to be tricky. For example, you may be living in one state, legally domiciled in another, and stationed overseas or across the country.
A divorce lawyer for military spouses will evaluate the legal residence of each spouse and where the marriage took place. They will also analyze where the majority of marital property is located and help clients choose the jurisdiction that benefits their case the most.
Military Retirement and Pension
Unlike traditional 401(k)s, military retirement benefits are governed by the Uniformed Services Former Spouses Protection Act (USFSPA). This act allows state courts to treat military retirement income as property, which can dramatically change what each spouse pays or receives.
Many military spouses mistakenly believe they have no claim to retirement unless they’ve been married for 10 years or more. This so-called “10/10 rule” only affects direct payment from the Defense Finance and Accounting Service (DFAS), not entitlement.
Child Custody and Deployment
Parenting plans, child support, and visitation can become complicated in military divorces with the possibility of overseas deployments, relocations, and unpredictable schedules. Standard custody arrangements don’t always cut it, so a military divorce attorney can help craft a flexible and enforceable plan that accounts for:
- Deployment clauses
- Custody modifications post-deployment
- Virtual visitation arrangements
A military divorce attorney can also help file for temporary custody adjustments if a service member is unexpectedly deployed. This foresight ensures parents don’t lose important parenting time or face legal challenges for violating a custody order.
Benefits, TRICARE, and the 20/20/20 Rule
Some military spouses may be eligible for continued access to health care, base privileges, and commissary access under specific conditions. The 20/20/20 rule says a spouse qualifies for full benefits if the couple was married for 20 years, the military member served for 20 years, and the marriage and service overlapped for 20 years.
You may lose TRICARE and other entitlements after the divorce, but you may still qualify for temporary coverage under the 20/20/15 Rule or the Continued Health Care Benefit Program (CHCBP). A divorce lawyer for military spouses can help you understand your entitlements and how to secure them.
The Right Legal Ally Makes a Difference
Military divorce is a life-changing transition with unique rules and sacrifices. If you are facing separation or divorce, contact Richards Family Law to understand what you’re up against and protect your rights.
Need help now? Schedule a confidential consultation today with our military divorce attorneys. Let’s work together to protect your peace of mind.
