What Makes a Military Divorce Different from a Civilian Divorce?

Thinking about divorce as a military family can feel impossible. You may be worried that military rules, deployments, and benefits will make the process far more complicated than a civilian divorce. The truth is, while military divorces do have unique considerations, like jurisdiction, timelines, and benefits, they don’t have to be unmanageable.

At Mahoney Richmond Thurston, PLLC, our attorneys have been helping military families through family legal matters for years. We understand the added layers involved and are here to guide you every step of the way so your rights and future are protected. Here’s a look at all the different ways military divorce is different from civilian divorce, so you know what to expect.

Filing Locations

In a civilian divorce, filing typically happens in the state where one spouse resides. Military divorces are different because families have more flexibility when choosing where to file. Military spouses can file in:

• The service member’s legal residence
• The spouse’s current residence
• The state where the service member is stationed

This added flexibility can impact decisions regarding property division, custody, and support, as state laws vary. A divorce attorney can help you choose the best state for your case.

Timeline

Civilian divorces usually follow strict court timelines, with penalties for missed deadlines. Military divorces, however, account for the unique demands of military life, such as deployments and training schedules. Federal protections allow active-duty service members to delay proceedings if military duties interfere. This typically means that military divorces often take longer to resolve.

Dividing Property

Property division in military divorces involves unique considerations compared to civilian divorces, particularly when it comes to military pensions and benefits. Unlike civilian retirement accounts, military retirement pay is subject to federal rules and must also align with state laws. This means property division in military divorces can be more complex and may require more detailed documentation to determine what each spouse is entitled to.

Healthcare and Benefits After Divorce

Divorcing civilians typically lose access to healthcare and spouse-specific benefits immediately after the divorce. For military families, benefits such as TRICARE, commissary access, and exchange privileges may be continued temporarily under certain conditions. Understanding the differences between civilian and military benefits post-divorce will help you prepare for changes in coverage and living expenses.

Custody Arrangements

Civilian custody arrangements usually revolve around stable schedules and geographic proximity. However, military families face unique challenges, such as deployments, frequent relocations, and long-distance parenting. Military custody plans must be flexible, accounting for deployment contingencies, travel arrangements, and virtual visitation during separations. These demands require creative solutions to prioritize both the children’s stability and the service member’s duties.

Income and Support Calculations

Support calculations in civilian divorces rely on straightforward income reporting. Military divorces differ because military pay includes allowances and special compensation that civilians typically don’t receive, such as the Basic Allowance for Housing (BAH). Military families must include all forms of compensation when calculating child and spousal support to maintain accuracy.

Housing After Divorce

Post-divorce housing decisions for civilians are typically independent of their previous spouse’s circumstances. For military families, housing allowances (like BAH) and access to on-base housing play a significant role in support calculations and living arrangements. Understanding how these military-specific factors differ from civilian housing considerations can help with planning your post-divorce budget and securing stable housing.

Steps to Prepare for a Military Divorce

Going through a military divorce can feel complicated, but taking the right steps can make the process smoother. Here’s how to get started:  

1. Gather Essential Documents

Start by collecting key paperwork that will be important during the divorce process. This includes:  

• Recent Leave and Earnings Statements  
• Military retirement account statements  
• TRICARE and benefit information  
• Deployment schedules and PCS orders  

Having these documents ready will save time and prepare you for discussions about finances and benefits.  

2. Understand Your Rights

Military divorces come with unique legal considerations. Familiarize yourself with protections under the Uniformed Services Former Spouses’ Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA). Consulting a family law attorney who is experienced in military divorce is highly recommended.  

3. Plan Custody Arrangements

If you have children, it’s crucial to create custody plans that account for the realities of military life. Consider how deployments, relocations, and other duties might affect parenting schedules, and aim for a plan that prioritizes stability for your children.  

Divorce Is Possible

Military divorces often involve more moving parts than civilian cases, but they’re entirely manageable with proper preparation and knowledgeable legal guidance. The key lies in understanding the unique protections and challenges that come with military service.

The experienced military divorce attorneys at Mahoney Richmond Thurston, PLLC, understand both the emotional and legal complexities military families face. We’ll help you protect your interests while prioritizing your family’s well-being throughout this challenging transition. Contact us today to schedule a consultation and learn how we can help you move forward with confidence.