Military service members and their spouses face unique challenges when seeking a divorce. The intersection of federal and state laws makes these cases complex. While military divorces are heard in Alabama civil courts, the nature of military service introduces unique considerations where relocation, deployments, and military retirement benefits are concerned. Military spouses who wish to prepare for what lies ahead during the divorce process should consult a skilled divorce attorney to understand military spouse divorce rights.
Understanding Military Divorce and Spouse Rights
Military divorces differ from civilian divorces in several important ways, because federal laws specify how state courts handle issues involving servicemembers and their families.
One of the most significant protections for military spouses comes from the Uniformed Services Former Spouses’ Protection Act (USFSPA). The Former Spouses’ Protection Act allows state courts to treat military retirement pay as marital property. That means military retired pay can be divided in a divorce. The law provides an avenue for non-military spouses to secure a share of military member retirement benefits that might otherwise be unavailable.
Federal law also provides specific protections related to healthcare, survivor benefits, and access to commissary and exchange privileges, depending on the length of the marriage and service overlap. These safeguards recognize the sacrifices military families make and aim to protect the financial stability of an ex-spouse who may have given up a career or opportunity while supporting a servicemember’s military obligations.
Filing and Jurisdiction in Military Divorce Cases
Military spouses are subject to unique rules regarding where they can file for divorce. They may file in:
- The state where they live
- The state where the servicemember is stationed
- The state where the servicemember claims legal residency
While these options offer an unusual level of flexibility, the filing location can affect how property division and support are handled due to laws differing from state to state.
The Servicemembers Civil Relief Act (SCRA) offers protections to active-duty service members. Under the SCRA, a military member may request a delay (or “stay”) of divorce proceedings if their duties prevent them from fully participating in the process. This prevents default judgments when a service member cannot appear in court due to deployment or other service-related obligations.
A civilian attorney who is an experienced USFSPA attorney can advise a non-military spouse of their filing options under the Servicemembers Civil Relief Act and protections to help them choose the appropriate jurisdiction to file for divorce.
Division of Military Pensions and Benefits
The division of retirement pay is one of the most important matters at stake in a military divorce. Under the USFSPA, state courts may treat military retirement pay as marital property that is divisible between spouses.
The two key factors the law considers are the length of the marriage and the duration of military service. Under the 10/10 rule, if the marriage lasted at least 10 years, and those years overlapped with at least 10 years of military service, the Defense Finance and Accounting Service (DFAS) can directly pay the former spouse’s share of retirement.
While housing privileges typically end once the divorce is finalized, qualifying former spouses may continue to receive certain other military benefits. For example, under the 20/20/20 rule, a divorced military spouse may retain full medical, commissary, and exchange privileges if:
- The marriage lasted 20 years.
- The servicemember served 20 years.
- The overlap between marriage and military service was at least 20 years.
Spousal and Child Support Considerations in Military Divorce
Calculating spousal and child support in military divorces employs many of the same principles as civilian cases. But military pay structures introduce some complexities. For example, a servicemember’s income includes not only their base pay but also allowances such as the Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). Support calculations take these allowances into account since they contribute to the overall financial resources available.
When spouses share children, military service also complicates decisions about child custody. A uniformed services member may face frequent relocations or deployments, making it harder to maintain a shared parenting schedule.
Military spouses filing for divorce in Alabama should consider working with a locally-based military divorce attorney who will understand the interaction of federal laws and Alabama’s state-specific rules and formulas. For example, Alabama courts apply child support guidelines accounting for total income, including military pay and allowances. Judges may decide to issue temporary support orders until custody or financial matters are resolved.
Post-Divorce Benefits and Life Adjustments for Military Spouses
The length of the marriage and its overlap with military service can impact a former spouse’s rights after a military divorce, particularly in terms of benefits eligibility. For example:
- The 20/20/20 rule grants former spouses full access to TRICARE, commissary, and exchange privileges.
- The 20/20/15 rule grants former spouses one year of TRICARE access but limits ongoing base privileges.
After finalizing a divorce, a former spouse must update their status in the Defense Enrollment Eligibility Reporting System (DEERS), which affects military ID cards, TRICARE access, and other benefits-related matters.
Because uniformed services’ former spouses face significant financial adjustments, they may need support and counsel regarding their options for housing, medical coverage, and long-term financial planning to adapt to life outside the military support system.
Legal Help for Military Spouses: Protecting Your Rights
Seeking a divorce from a military service member can quickly become complicated. Let Leigh Daniel Family Law in Huntsville, Alabama, help you understand your divorce-in-the-military spouse’s rights. We have over 30 years of experience guiding people through all the challenges of divorce and child custody. We are here to provide the legal representation you need to get through one of the most challenging experiences of your life. As one client shared:
“Ms. Leigh and her team are phenomenal!! They were able to help me get through a pretty nasty custody case, and Ms. Leigh was so kind and understanding through all of it. Without getting into the personal details, her whole team was amazing, and I am so thankful and beyond grateful for all of their help. I’d give a higher rating if I could.” – Theresa C.
Contact Leigh Daniel Family Law today to schedule a consultation with a military pension division lawyer who is committed to advocating for you at every step. We look forward to supporting you as you navigate the divorce process and move forward with your life.
