Navigating the process of divorce is already challenging, but when one or both spouses are part of the military, it adds another layer of complexity. Military divorces are governed by a unique set of rules and regulations due to the military’s structure, benefits, and legal framework. Hiring the right divorce lawyer is crucial in safeguarding both parties’ interests. We will explore what to consider when hiring a lawyer for a military divorce, from understanding military laws to ensuring the right approach in dividing military benefits and handling child custody arrangements.
Military Laws and Regulations in Divorce
Finding a lawyer who understands the distinct legal regulations affecting military families is essential when dealing with a military divorce. Federal laws like the Uniformed Services Former Spouses’ Protection Act (USFSPA) significantly determine how military pensions and benefits are divided. This act allows state courts to treat military pensions as divisible property in a divorce, and understanding its nuances is crucial for both parties. A lawyer should also know how the Servicemembers Civil Relief Act (SCRA) can protect a service member from default judgments while on active duty. SCRA ensures that active-duty military members can request a stay of divorce proceedings if their service duties prevent them from being able to respond to the court properly. The lawyer you hire should also know the distinction between federal and state laws, as the division of assets and custody agreements will be subject to both.
Division of Military Benefits
One of the trickiest parts of a military divorce is dividing military benefits, including pensions, health care, and housing allowances. Unlike civilian divorces, military benefits are often subject to federal rules, making dividing them more complicated. Military pensions are often a key point of contention, and knowing how they are distributed is important. Under the USFSPA, a former spouse may be entitled to a portion of the military member’s retirement pay, depending on the length of the marriage and overlap with military service. The “10/10 Rule” is particularly relevant here. This rule states that a former spouse can receive direct payment from the Defense Finance and Accounting Service (DFAS) if the marriage lasted for at least ten years, during which the member completed at least ten years of creditable military service. A lawyer familiar with these rules will help ensure that these benefits are adequately addressed and negotiated in the divorce settlement, as failure to account for them properly can lead to future disputes.
Child Custody and Deployment
Child custody arrangements in military divorces often present challenges due to the unique demands of military service. Frequent relocations, deployments, and the possibility of overseas postings can complicate the standard custody arrangement in civilian divorces. Military divorce lawyers must understand how to handle the service member’s schedule, particularly when drafting parenting plans. Additionally, the SCRA can allow active-duty service members to request temporary custody modifications if deployed or assigned to a distant location. In such cases, the lawyer must ensure that the custody arrangement reflects these factors and provides flexibility for both parties. A detailed and adaptable custody plan should account for future changes in the service member’s station and deployment, as the military lifestyle is inherently unpredictable. A lawyer with experience in these matters will ensure that the needs of the military parent and the children are considered in the court’s decision.
Health Care and Insurance Considerations
Health care is another significant area of concern during a military divorce, especially for non-military spouses who rely on TRICARE, the military’s health care program. Depending on the length of the marriage and the overlap with military service, a non-military spouse may be eligible for continued health care coverage through TRICARE after the divorce. The 20/20/20 Rule applies here: if the marriage lasted at least 20 years, the service member has at least 20 years of service, and there was a 20-year overlap of marriage and service, the non-military spouse may continue to receive full TRICARE benefits post-divorce. If the spouse does not meet these qualifications, their eligibility for health care benefits will be significantly reduced or eliminated. Your lawyer should be well-versed in these rules to help you understand your rights to continued health care coverage and plan accordingly. Additionally, questions about military life insurance (SGLI) and survivor benefits may arise, which a lawyer familiar with military divorces will know how to handle.
Military divorce presents various challenges that can complicate the process, from understanding the division of military pensions and benefits to navigating custody arrangements that must consider deployments and relocations. Ensuring proper legal representation is crucial to navigating these challenges effectively. We have explored the factors to consider when choosing a divorce lawyer for a military divorce, including their knowledge of military regulations, familiarity with military benefits, and ability to handle the complexities of custody and healthcare concerns. Choosing a lawyer who understands these nuances can protect your rights and reach a fair outcome for both parties.
