The stresses of military life, especially during deployment, are unlike anything we find in the civilian world. Demands of military life can strain relationships and end marriages. For the most part, military divorce tracks civilian divorce. However, a few issues unique to the military compel your careful consideration and make it wise for both parties to consult with experienced family/divorce attorneys before reaching final settlement.

Military Benefits

An important factor to consider during a military divorce is the effect on military benefits for the former spouse. Whether or not a former spouse will continue to receive benefits such as health care, housing, and commissary and exchange privileges falls under the military’s “20/20/20 Rule”. Under this rule, a former spouse may retain their benefits if:

• They were married for at least 20 years at the time of the divorce
• The military member served 20 years of service towards retirement pay eligibility
• The marriage lasted 20 years during retirement eligible service.

Additionally, if these requirements are not met, former spouses may still qualify under the “20/20/15 Rule” for one year of health care benefits. This requires a former spouse to:

• Be married for at least 20 years
• The military member must have served 20 years of retirement eligible service
• The marriage and service period must overlap by 15 years

If a former spouse does not qualify under all three of these rules, then his/her military healthcare benefits will end once the divorce is finalized.

Retirement

Determining eligibility for retirement pay is also based on length of marriage and time served. The minimum threshold for receiving retirement pay for a former spouse is 10 years of marriage overlapping with at least 10 years of eligible service. If eligible, a former spouse may be entitled to up to 50% of a service member’s retirement pay. Additionally, it is not uncommon for former spouses who are ineligible under these guidelines to receive a portion of retirement pay under a divorce settlement.

Child Custody

During a military divorce, child custody is handled based on state law in which the child resides. Residency is determined by the state that the child has been physically living in for the past six months. Residency can sometimes cause difficulty when dealing with foreign countries. If deployed to a base in a foreign country with children for at least six months, custody of the child is within the jurisdiction of that country, regardless of citizenship.

Custody cases for soldiers are becoming complicated because most courts are not in favor of an absent parent. The federal government is drafting new legislation for approval. Until this legislation is passed, child custody issues involving service members will remain complex and service members may need to hire an experienced family/divorce lawyer to assist them with these issues.

CONCLUSION

Divorce in the military is similar to the civilian world, but presents unique challenges that must be addressed. While a military divorce will be subject to your state’s laws, it is wise to consult with a lawyer who understands and can research military law. This will help you face both the military and civilian aspects of your divorce and assure a fair and equitable resolution for all.

About the Author:

Jennifer Caughey is a freelance content writing who specializes in all areas of family law. She has most recently contributed to guest posts for Colgan & Associates, LLC, a York, PA, family attorney. Before becoming a content writer, Jennifer worked in the healthcare industry focusing on healthy relationships and children’s high psychological functioning.

Sources:

http://www.militaryonesource.mil/legal?content_id=271162

http://www.military.com/money/retirement/military-retirement/understanding-divorce-in-the-military.html

http://www.cmlaw1.com/family-law-attorney/

https://kingstonlawgroup.com//future-may-hol…s-for-soldiers/