Military Divorce: An Introduction

Going through a divorce with the military can introduce unique circumstances. To start, military divorce is not a legal term; it is simply a term to describe a divorce that has one or more of the litigants are in the military or retired from the military. However, it is important to find a divorce lawyer or a family lawyer with specific knowledge on the differences presented with the military. Although military divorce is not officially defined differently, there are various aspects and laws that do make the details of this separation different.

Familial situations can arise from areas all over the world from Africa to the Pacific Ocean to Iceland and beyond. A service member or civilian spouse may need to prioritize their family and hire a family lawyer in Colorado Springs. With almost two million active duty and reserve service members, know that you are likely not alone.

A family lawyer that takes on a military divorce should know the background on marital property in the military, survivor’s benefits plans (SBP), disability and veteran’s payments, deployment time and parenting time, among other guidelines. Many military families have one spouse active duty and the other spouse home to support the moves, the children and the home during long periods of absence. Navigating this separation is a complex process. At a minimum, please be aware:

  • Throughout a separation, the civilian spouse maintains the military ID, medical benefits, access to the commissary, and other benefits the military provides. The benefits they retain after divorce depends on a variety of factors.
  • The Uniformed Services Former Spouses Protection Act (USFSPA) has made recent alternations that are effective in January 2018 which continues to change pension division options.
  • Custody, family planning, and alimony have unpredictable boundaries in a military divorce. The court will always rule what is best for the children.

At Sanders Law Firm, we will apply our years of experience with military divorce cases to advocate passionately on your behalf. Sensitivity to this strenuous time on your family is important to us.

Information provided on this post is NOT formal legal advice. It is generic legal information. Under no circumstances should the information on this site be relied upon when deciding the proper course of a legal action.

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