Welcome back to the Velvet Runway and this feature about Legal Challenges in a Military Divorce: What You Should Know.
An article from the US military news website Military.com says that, according to reports based on US Census Bureau data, those who have served in the military have the highest divorce rate of any career field, with roughly 4.8%.
During a military divorce, you’ll encounter distinct legal obligations that could potentially overwhelm you. Proceeding on the basis of the Servicemembers Civil Relief Act (SCRA) can be challenging, and estimating the division of military pensions can be complicated.
Furthermore, deployment can complicate child custody issues, so it’s important to know your custody rights and what options are available.
Military spouses can face many different challenges during the divorce process, according to military divorce lawyer Brian N. Chase. One of those is the transition from military life to civilian life without having the support network of the military community.
Legal Challenges in a Military Divorce: What You Should Know
Divorce is never easy, but when one or both spouses are serving in the military, the process becomes even more complex. From jurisdictional issues to unique military benefits and deployment-related delays, military divorces come with a distinct set of legal challenges. Whether you’re a service member or a military spouse, understanding these challenges is crucial to navigating the divorce process smoothly and fairly.
Let’s look at the key legal issues that arise in military divorces and how you can prepare.
Table of Contents
- Understanding the Servicemembers Civil Relief Act (SCRA)
- Division of Military Pensions and Healthcare Coverage
- Child Custody and Deployment Challenges
- Legal Representation and Resources
- Dealing with the Divorce Process and Timeline
- Final Thoughts
1. Understanding the Servicemembers Civil Relief Act (SCRA)
When maneuvering through the intricate complexities of military divorce, you need to understand the Servicemembers Civil Relief Act (SCRA). Designated as a federal law, it protects your rights when you are on active duty and affords other benefits that can aid your situation.
For example, the SCRA can delay legal proceedings if your military duties keep you from participating in the process. It attaches restrictions on interest that may accrue on debts, providing a layer of financial protection when necessary.
The SCRA protects you for a reason, so you can channel all your energy and focus on healing and taking care of your family.
Pro Tip: If you or your spouse is deployed, work with the court and your attorney to request a fair and reasonable schedule. Avoid rushed decisions that might later need to be renegotiated.
2. Division of Military Pensions and Healthcare Coverage
Military pension division during a divorce can be a complicated issue, especially since such benefits might constitute a major portion of the marital estate.
Military divorces must address the division of retirement pay, pensions, Thrift Savings Plans (TSPs), and Survivor Benefit Plans (SBPs). This is governed in part by the Uniformed Services Former Spouses’ Protection Act (USFSPA), which allows state courts to treat military pensions as marital property.
However, there’s a catch: under the “10/10 rule,” the Defense Finance and Accounting Service (DFAS) will only send retirement pay directly to an ex-spouse if the couple was married for at least 10 years overlapping with 10 years of military service.
This doesn’t mean you can’t receive a share if you don’t meet the 10/10 rule — just that DFAS won’t administer it, and the military spouse must pay directly.
One of the most sensitive issues in a military divorce is the loss of Tricare healthcare coverage and other military base privileges (like commissary access).
If you meet the 20/20/20 rule — 20 years of marriage, 20 years of military service, and 20 years of overlap — you may be eligible to retain full Tricare coverage and base privileges after the divorce.
There’s also a 20/20/15 rule, which offers one year of transitional healthcare, but does not preserve commissary access.
Obtain all available documentation and make it a priority to hire a lawyer experienced in military divorce. Clearly communicating with your spouse can ease the procedure.
Pro Tip: If you qualify under 20/20/20 or 20/20/15, gather documentation and apply as soon as possible.
3. Child Custody and Deployment Challenges
In some military divorces, allegations of domestic violence or abuse may surface during custody or support disputes. According to domestic violence defense attorney Aaron Meyer, If you work in the military, security, or law enforcement, the federal “Lautenberg Amendment” and local laws may make it hard for you to carry a gun and keep your job if you are convicted of domestic abuse.
The unpredictability of military deployment makes child custody a difficult issue when a couple undergoes military divorce. When you receive a deployment call, your parenting plans may abruptly alter, leading to uncertainty for the children.
A key point is that there should be open communication between the parties, as from time to time minor temporary changes in custody arrangements can be agreed upon mutually, whereas any major or lasting changes require court approval.
Depending on the circumstances, you may want to change these custody arrangements so that a deployment will not disrupt them. A good support system of family, friends, and other military families truly changes how these adjustments will be for you and your children.
Pro Tip: Include a Family Care Plan and proposed parenting schedule in your divorce paperwork. Courts appreciate proactive planning and consideration for the child’s needs.
4. Legal Representation and Resources
Finding the right legal representation during a military divorce is important, especially with the complexities involved. Find someone who understands military regulations, benefits, and what you are facing.
Search for lawyers who have experience in military law, as they will understand the nuances of your case. Do not hesitate to ask for referrals from fellow members of service or veterans, as community recommendations are an excellent way to find an attorney you can trust.
Another organization extending support, advice, and resources is the Military Family Legal Assistance Program. Remember, a divorce reached with legal assistance will be less stressful and protect your rights and interests.
Pro Tip: Connect with military family counselors or support groups — many installations offer services through Military OneSource or similar programs, even after separation.
5. Dealing with the Divorce Process and Timeline
Dealing with divorces can be quite taxing, particularly with the military life and other family obligations involved. The first thing you need to do is to check with your base for legal assistance, as service members often benefit from such services.
Ensure the preparation and organization of relevant documents, including marriage certificates and financial documents. The divorce process in most circumstances is initiated by the filing of a petition for divorce, and the timeframe within which everyone has to work is established therein. Different timelines and requirements may apply pursuant to deployment or change of station situations with the military.
Try to keep amicable relations with a former spouse so that mutually satisfactory arrangements might be reached. This will hasten the entire proceedings mutually, resulting in time saved and lower legal costs for both parties.
Pro Tip : Don’t underestimate the value of being assisted by fellow service members or support groups around you.
Final Thoughts on Legal Challenges in a Military Divorce: What You Should Know
Military divorce may feel like a minefield of paperwork, procedures, and emotional stress — but with the right support, you can navigate it with dignity and confidence. The key is preparation: understanding your rights, documenting everything clearly, and choosing professionals who understand both military and civilian law.
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