A Military Divorce involves a unique blend of state laws, federal protections, and military regulations, and understanding these differences can save your family time, money, and emotional strain. Although all divorces are governed primarily by state law and the specific rules of the court where you file, certain federal statutes such as the Servicemembers Civil Relief Act and military regulations may directly influence how your case proceeds. Because of these added layers, it’s important for both spouses to receive accurate legal guidance throughout the process.
One major advantage available to military families is the ability to use separate legal assistance attorneys. The service member and the spouse may each speak with a legal assistance office to receive information about divorce, child custody, tax issues, the SCRA, and estate documents like wills. While these military lawyers, often referred to as JAGs or judge advocates cannot represent you in civilian court, they can explain the legal implications of a Military Divorce and help you understand the steps ahead.
Another option many families consider is mediation. Mediation allows spouses to work with a neutral mediator to reach agreements on major issues without a courtroom battle. It is often faster, less expensive, and less adversarial than a fully litigated divorce. Mediation also allows the parties to retain more control over decisions affecting their children, property, and future. To locate additional legal resources, including attorneys familiar with Military Divorce procedures, spouses can search the Installation Program Directory for support available on their base or nearby.
Supporting Children Through a Military Divorce
Children often feel the impact of a Military Divorce even when they do not outwardly express distress. Frequent moves, long separations, and changes in household routines can make the transition especially difficult. Parents can help their children adjust by validating their feelings, keeping communication open, and seeking professional support when needed.
To help younger children understand divorce in a comforting way, parents may also use resources like Sesame Street’s Dealing With Divorce, which provides age-appropriate tools to help them cope with changes in the family structure.
How Divorce Affects Military Benefits
During the divorce process, the non-military spouse generally keeps their ID card and access to commissary, exchange, and healthcare benefits until the divorce is finalized. Once the divorce is complete, however, several benefits change or end.
Most families must vacate base housing within 30 days after the service member or other spouse moves out due to the separation. In some cases, the military may pay the moving expenses for a non-military spouse returning from an overseas duty station. Moves within the United States are usually negotiated as part of the divorce settlement.
Health care is another significant consideration. When a non-military spouse loses military medical care, they may purchase up to 36 months of temporary coverage through the Continued Health Care Benefit Program. Eligible children can continue receiving medical care benefits until age 21, or age 23 if they are full-time college students.
Each military branch also has policies requiring service members to provide temporary spousal and child support in the absence of a court order. However, a commander’s authority is limited, and long-term support must be established through a legally binding court order. Once a court order is issued, it must be submitted to the Defense Finance and Accounting Service (DFAS) to ensure proper payment of support or alimony.
Additional Rules and Special Circumstances in a Military Divorce
The Uniformed Services Former Spouse Protection Act (USFSPA) is a federal law that may grant certain benefits to former, un-remarried spouses depending on the length of the marriage and the overlap with military service. Understanding this act is important for determining eligibility for retirement share, commissary privileges, and other benefits.
Couples stationed overseas face another complication: foreign courts may not issue divorces recognized in the United States. In nearly all cases, we recommend filing for divorce in the U.S. state where jurisdiction is legally appropriate.
For non-military spouses who have been abandoned by the service member who intentionally left without notice, there are still legal rights and access to support. Legal assistance offices can guide abandoned spouses on how to secure financial support and protect their rights.
If you are facing a military divorce as an active duty service member or the spouse of an active duty service member, contact our experienced divorce attorneys at (904) 358-3300 or use the contact form below. We are very experienced with military divorces and have the knowledge to help you protect your rights and achieve the best possible outcome.
