Divorce is a difficult and emotionally charged process, and when one or both spouses are in the military, the situation becomes even more complex. Military families face unique challenges that civilian families may not, from deployments and frequent relocations to specific laws and regulations governing military benefits. When considering divorce, it is essential to seek the guidance of an experienced Military Divorce Attorney, such as Marina R. Taylor, Brandon Divorce Attorney, who specialises in navigating the legal intricacies of military divorce.

Understanding Military Divorce
Military divorce refers to the dissolution of a marriage where at least one spouse is an active duty, reserve, or retired member of the U.S. Armed Forces. Military divorces involve special considerations, including division of military pensions, access to benefits, and residency requirements that can differ from civilian divorces. Due to these complexities, it is crucial to work with an attorney who understands military law and how it interacts with state family law.

Key Differences in Military Divorce
A military divorce is not fundamentally different from a civilian divorce in terms of the process, but several unique issues make it more complicated:

Jurisdiction and Residency: Military families often move frequently due to duty station changes, which can make determining the appropriate jurisdiction for filing divorce more challenging. The state where the divorce is filed will have jurisdiction over the case, but both state laws and federal laws apply when it comes to dividing military pensions and benefits.

Military Benefits: The division of military pensions, health care benefits, and survivor benefits require special attention in military divorces. The Uniformed Services Former Spouse Protection Act (USFSPA) allows state courts to divide military pensions as part of the marital property. However, the division must comply with specific guidelines, and not all former spouses may qualify for benefits like TRICARE.

Servicemembers Civil Relief Act (SCRA): The SCRA provides certain legal protections to active-duty military members, such as delaying divorce proceedings if the service member is on active duty and cannot attend court due to military obligations. This can prolong the divorce process if the military spouse is deployed.

Child Custody and Deployment: Child custody arrangements can become particularly complex for military families. Deployment, relocation, and temporary duty assignments (TDY) can significantly impact custody decisions and parenting time. Courts will always prioritise the child's best interests, but a military parent’s duties may complicate the traditional custody arrangements.

Key Considerations in Military Divorce
To successfully navigate a military divorce, both parties must consider several important factors:

1. Division of Military Pensions and Benefits
Military pensions are often the largest asset in a military divorce, and the division of these pensions is governed by the USFSPA. This act allows state courts to treat military retirement pay as marital property, subject to division between the spouses. However, certain requirements must be met for a former spouse to receive direct payments from the Defense Finance and Accounting Service (DFAS).

10/10 Rule: The former spouse is entitled to direct payments from DFAS if the marriage lasted at least 10 years, during which the service member served 10 years of active duty.
50% Cap: A court can award no more than 50% of the military retirement pay to the non-military spouse.
Survivor Benefit Plan (SBP): This allows the former spouse to continue receiving a portion of the military pension after the service member’s death. It is essential to specify this in the divorce decree.
2. Health Care and TRICARE Eligibility
Military spouses often rely on TRICARE for health insurance, and access to these benefits may continue after divorce under certain conditions.

20/20/20 Rule: If the marriage lasted for at least 20 years, the service member had at least 20 years of military service, and there was an overlap of at least 20 years, the former spouse may retain full TRICARE benefits.
20/20/15 Rule: If the marriage lasted at least 20 years, the service member had at least 20 years of service, but the overlap was only 15 years, the former spouse is eligible for one year of TRICARE after the divorce.
3. Child Support and Spousal Support
Child support and spousal support are calculated based on the same factors as in civilian divorces, but military income can be more challenging to assess due to the various allowances service members receive, such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). It is important to account for all income sources when determining support obligations.

Additionally, military regulations, such as those found in the Department of Defense Financial Management Regulation (DoDFMR), ensure that service members fulfil their family support obligations, even during deployment.

4. Custody and Visitation
One of the most difficult aspects of military divorce involves child custody and visitation. Courts aim to create custody arrangements that work in the best interest of the child, but deployment schedules and relocations can make it challenging for military parents to maintain traditional custody arrangements.

Deployment: Courts will often create a temporary custody arrangement that goes into effect when a parent is deployed, and the non-deployed parent may be awarded temporary sole custody. Upon the service member's return, the original custody arrangement is usually reinstated.
Relocation: Permanent Change of Station (PCS) moves can complicate joint custody arrangements, especially when the service member is transferred out of state or overseas. Courts may adjust custody and visitation schedules to accommodate these moves, but they must balance the child’s best interests.
5. Servicemembers Civil Relief Act (SCRA)
The SCRA protects service members from civil actions, including divorce, while they are on active duty. This law can delay court proceedings, ensuring that the service member can focus on their military duties without the distraction of legal battles at home.

Stays of Proceedings: Courts can grant a stay (postponement) of legal proceedings, including divorce, for the duration of the service member’s deployment and up to 90 days after returning. This allows the service member to fully participate in the divorce proceedings once they are able.
How a Military Divorce Attorney Can Help
Working with a specialised Military Divorce Attorney, such as Marina R. Taylor, Brandon Divorce Attorney, is essential to ensuring that your rights are protected throughout the divorce process. A military divorce attorney understands both state and federal laws that affect military families and can guide you through the following:

Determining the correct jurisdiction for filing the divorce.
Navigating the complexities of dividing military pensions and other benefits.
Ensuring compliance with federal laws like the USFSPA and SCRA.
Addressing child custody and support issues specific to military families.
Handling health care benefits, such as TRICARE eligibility.
Frequently Asked Questions (FAQs)
1. Can I get a divorce if my spouse is deployed?
Yes, you can file for divorce while your spouse is deployed, but the Servicemembers Civil Relief Act (SCRA) allows them to request a delay in the proceedings if their military duties prevent them from participating in the case. The court may grant a stay until they can return from deployment and engage in the process.

2. How is military pension divided in a divorce?
Military pensions are divided according to the Uniformed Services Former Spouse Protection Act (USFSPA). The division depends on the length of the marriage and how long the military spouse served during the marriage. Direct payments from DFAS to the former spouse are possible under the 10/10 rule, where the marriage lasted 10 years with 10 years of overlapping service.

3. Can my ex-spouse still get TRICARE benefits after the divorce?
Yes, in some cases. If the marriage lasted at least 20 years, and the service member had 20 years of military service, with at least 20 years overlapping, the former spouse may qualify for full TRICARE benefits under the 20/20/20 rule. Under the 20/20/15 rule, they may be eligible for one year of benefits.

4. How does deployment affect child custody arrangements?
During deployment, a temporary custody arrangement may be put in place, allowing the non-deployed parent to have sole custody. Once the service member returns, the original custody agreement is typically reinstated. Courts will consider the best interests of the child when making these decisions.

5. Can a military divorce be filed in any state?
No, jurisdiction is crucial in military divorces. Typically, you can file in the state where the service member is stationed, where the spouse resides, or where the service member claims legal residency. Jurisdiction can affect how military benefits and pensions are divided.

Conclusion
Military divorce presents unique challenges that require specialised legal knowledge. Whether dealing with the division of military pensions, navigating child custody during deployment, or understanding health care benefits, working with a knowledgeable Military Divorce Attorney like Marina R. Taylor, Brandon Divorce Attorney is essential. Having an experienced advocate ensures that your rights are protected and that the complexities of military divorce are managed with care and precision.

If you are facing a military divorce, contact Marina R. Taylor today for a consultation and let her guide you through this challenging process.