How are Military Divorces Different from civilian Divorces?
Divorce is a challenging time for any family, but when you’re in the military, it can be even more complex. In this article, the Philadelphia family lawyers at The Law Offices of Lauren H. Kane will discuss military divorce and how it differs from civilian divorces.
Jurisdiction and residency requirements
Unlike civilian divorces, military members can file their divorce in multiple jurisdictions. These include the home of record, the state of legal residence, and the duty station. Each jurisdiction may offer different advantages and disadvantages.
Often, military members have to file for divorce in their home of record which is the state where the service member entered the military. It may not, however, offer the most favorable rules for their situation. The state of legal residence is where the military member usually resides. In some cases, states require permanent residency status which can be difficult to prove. In other cases, the service member may file in the state where they are currently stationed. But that state may not have jurisdiction if the service member is on temporary assignment.
Navigating the complex issue of jurisdiction requires the help of a divorce lawyer trained to handle military divorces.
Division of military pensions
The division of military pensions is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA) which treats military retirement pay as property instead of income. This distinction is important to ensure that a former non-military spouse receives their fair share of retirement benefits that were earned during the marriage.
The Servicemembers Civil Relief Act (SCRA)
SCRA prevents courts from issuing rulings while a servicemember is stationed abroad on active duty if the spouse fails to meet a deadline. This means that your divorce can take longer, but you won’t have summary judgments issued against you if you cannot respond while abroad.
Child custody matters related to military divorce
Deployment can significantly impact child custody arrangements. Parenting plans must be flexible enough to accommodate sudden moves or deployments. Courts must consider the best interests of the child in light of a parent’s military service. This reality often requires creative custody solutions such as virtual visitations while the servicemember is deployed. A military divorce attorney can help craft a parenting plan that balances the child’s need for stability with the servicemember’s duty to their country.
In addition, given the variable nature of a servicemember’s pay, it can be challenging to calculate the servicemember’s income. This is important when determining child support.
Benefits and entitlements in military divorces
A divorce does not necessarily mean that a non-military spouse will cease to enjoy certain benefits such as Tricare health care or commissary privileges. If the spouses have been married for 20 years or the servicemember has given 20 years of service, the spouse may still be entitled to these benefits.
Additionally, the Survivor Benefit Plan (SBP) allows servicemembers to provide support in the event of their death. During a divorce, the SBP may become part of the negotiation process to ensure a non-military spouse is provided for financially.
Talk to a Philadelphia Military Divorce Lawyer Today
The Law Offices of Lauren H. Kane represent the interests of military personnel during their divorce. Call our office today to schedule an appointment, and we can begin discussing your options right away.
