Military divorce is largely like any other kind of divorce. The laws that apply depend on where the spouses currently live. Provided that they meet residency requirements for the local courts, either spouse can choose to initiate divorce proceedings.
Of course, there could potentially be some unusual complications that arise in a military divorce scenario. Spouses often need to prepare themselves for the possibility of unusual complications. The three issues outlined below are some of the most common challenges that military service members and/or their spouses face during a divorce.
Delays due to deployment
The non-military spouse might decide to divorce during a lengthy separation caused by deployment. In some cases, spouses might even intentionally wait until a service member is unavailable due to deployment to file for divorce. There is a federal law that applies in such cases. Service members have the right to delay divorce proceedings until after they return from deployment. After all, it would be unfair of them to lose the opportunity to present their side of the situation because of the demands of their military service.
Disputes about pensions
When service members want the military to be their career, not just a stepping stone to other opportunities, they may be eligible for a military pension. A military pension is one of the most valuable benefits that service members earn. Spouses may sometimes find themselves arguing about whether the pension is subject to division. In most cases, it likely is vulnerable. State law influences the division of marital property, including pension benefits. The 10/10 rule observed by the military influences the distribution of the pension in accordance with the property division decree.
Concerns about military benefits
Service members received certain benefits including TRICARE medical coverage and possibly housing benefits. Their spouses and children usually have access to those benefits as well. Those benefits can be a challenge to address during divorce negotiations. Typically, non-military spouses lose access to most military benefits immediately after the courts finalize a divorce. The end of a marriage and custody arrangements can also influence what benefits the service member receives after the divorce.
Preparing for common points of contention that frequently complicate military divorces can help spouses avoid unnecessary conflict and establish reasonable expectations for the process ahead.