Navigating Military Divorce
Navigating a military divorce can be complex. This type of divorce can present unique challenges and legal complexities that differ from civilian divorce. This type of divorce is primarily complex due to the intersection of military service regulations and family law. Below, you will find some key considerations involved in military divorces.
1. Jurisdiction and Residency:
Determining the appropriate jurisdiction for a military divorce can be tricky, as service members and their spouses may have different legal residences. The Servicemembers Civil Relief Act (SCRA) can impact the timing and proceedings of a divorce. Furthermore, while on active duty, a service member can postpone proceedings.
2. Division of Assets:t
The division of military benefits and pensions can be among the most disputed issues of your military divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs the division of military retirement pay. Therefore, courts typically follow a formula known as the “10/10 rule.” This grants direct payments to the non-military spouse if the marriage overlaps with the service member’s military service for at least ten years.
3. Child Custody and Support:
Deployments and frequent relocations can complicate child custody arrangements in military divorces. Courts must consider the child’s best interests while accommodating the service member’s duty commitments. The deployment schedule and a family care plan will be considered when determining your child’s custody.
4. Spousal Support:
You may find spousal support (alimony) challenging in military divorce cases. The service member’s pay structure, including allowances and benefits, is considered in calculating spousal support. The court may adjust support payments when the service member’s income changes due to deployments or other factors.
5. Healthcare Benefits:
One of the significant perks of military life is access to healthcare benefits. Therefore, the USFSPA also addresses continuing healthcare benefits for the non-military spouse after divorce, provided specific conditions are met.
6. Enforcement and Compliance:
Enforcing court orders in military divorces can be complicated, primarily when stationed overseas. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Uniform Interstate Family Support Act (UIFSA) help enforce child custody and support orders across state lines and internationally.
Summary. Navigating Military Divorce.
Military divorces involve a complex interplay of federal and state laws and military regulations. Seeking legal counsel with expertise in military divorce is crucial to navigating these challenges effectively. Furthermore, service members and their spouses must understand their rights and responsibilities during divorce to ensure a fair and equitable resolution. If you have questions about military divorce, please contact Kane & Crowell PLLC at (615) 784-4800 or at https://www.kane-law.com/contact-us/. We are here to help you.