Military divorce in Alabama involves unique challenges, including federal benefit division, SCRA protections, and custody complications. Understanding these factors before filing helps protect your finances, your benefits, and your parental rights.
Key Takeaways:
- Alabama allows military families to file for divorce if either spouse has lived in the state for six months or if the service member is stationed here.
- The 10/10 rule determines whether DFAS pays a former spouse their share of military retirement directly.
- A Family Care Plan is not a custody order and holds no legal weight in Alabama divorce proceedings.
Military families face challenges in divorce that civilian families simply don’t encounter. Between deployments, frequent relocations, and a complex web of federal benefits, there’s a lot to consider before filing. Understanding how military divorce works in Alabama helps protect your future, your finances, and your relationship with your children.
If you or your spouse serves in the military and you’re considering divorce, taking time to learn about these unique factors puts you in a stronger position to make informed decisions.
Where to File for Divorce as a Military Family
One of the first questions military families face is which state has jurisdiction over their divorce. Unlike civilian families who typically file where they live, military families often have connections to multiple states. A service member might be stationed in Alabama, maintain legal residency in Texas, and have a spouse living in Georgia.
Alabama allows you to file for divorce if either spouse has been a resident for at least six months, if the service member is stationed here even without formal residency, or if both parties consent to Alabama jurisdiction.
Choosing where to file matters more than you might think. Each state has different laws governing property division, spousal support, and custody. The state you choose could significantly affect the outcome of your divorce, so understanding your options before filing makes a real difference.
How the Servicemembers Civil Relief Act Affects Your Divorce
The Servicemembers Civil Relief Act, commonly known as SCRA, provides legal protections for active duty military members. While this law doesn’t prevent divorce, it does affect timing and procedure.
Under SCRA, active duty service members can request a stay (delay) of court proceedings if military duties prevent them from appearing or participating. This protection exists to ensure service members aren’t disadvantaged by their inability to attend hearings while deployed or fulfilling military obligations.
Key things to understand about SCRA:
- Courts cannot enter a default judgment against an active duty member who hasn’t responded to divorce papers
- A service member can request a minimum 90-day stay of proceedings
- The stay can be extended if military duties continue to interfere
- These protections apply even if the service member is the one who filed for divorce
For the non-military spouse, this can mean a longer timeline. For the service member, it provides peace of mind that military service won’t result in losing rights by default. Either way, understanding how SCRA works helps set realistic expectations about how long the process might take.
Dividing Military Retirement and Benefits
Military retirement often represents one of the most valuable assets a family has. Unlike a civilian pension, military retirement involves federal rules that interact with state divorce law. Alabama courts can divide military retirement as marital property, but how that division happens depends on several factors.
The 10/10 Rule
The 10/10 rule determines whether the Defense Finance and Accounting Service (DFAS) will pay a former spouse their share of retirement directly. To qualify for direct payment:
- The marriage must have lasted at least 10 years
- The service member must have at least 10 years of creditable military service
- Those 10 years must overlap
If the marriage doesn’t meet the 10/10 threshold, the former spouse may still be entitled to a portion of retirement, but the service member becomes responsible for making those payments rather than DFAS.
Tricare Benefits After Divorce
Healthcare coverage is a major concern, especially for spouses who have relied on Tricare throughout the marriage. Eligibility after divorce depends on the length of the marriage and the service member’s time in uniform.
20/20/20 Rule: If the marriage lasted 20 years, the service member has 20 years of creditable service, and those periods overlap by 20 years, the former spouse keeps full Tricare benefits.
20/20/15 Rule: If there’s a 15-year overlap instead of 20, the former spouse receives one year of transitional Tricare coverage.
Losing Tricare can create significant financial strain, so understanding where you fall before finalizing your divorce allows you to plan ahead.
Thrift Savings Plan (TSP)
The TSP functions as a military retirement savings account, similar to a civilian 401(k). Dividing a TSP requires a specific court order, and the process differs from dividing civilian retirement accounts. Getting this right the first time prevents costly delays and complications.
Support Requirements During Separation
Even before a divorce is finalized, military regulations may require service members to provide financial support to spouses and children. Depending on the branch of service, a service member may need to provide a portion of their Basic Allowance for Housing (BAH) or a set amount based on pay grade. These rules exist independently of any court order, and failure to comply can result in military disciplinary action.
With your day-to-day stability and long-term security at stake, knowledgeable legal guidance helps ensure these important decisions get the careful attention they deserve.
Custody Challenges for Military Families
Child custody in military families comes with built-in complications. Deployments, PCS orders, and unpredictable schedules make traditional custody arrangements difficult to maintain.
Alabama courts prioritize the best interests of the child when making custody decisions, and military service alone doesn’t disqualify a parent from custody. However, the realities of military life require parenting plans that account for unique circumstances.
Factors that affect military custody arrangements:
- Deployment schedules and how parenting time shifts when one parent is overseas
- PCS orders that could relocate a parent to another state or country
- The availability of extended family or support systems during deployments
- How parents will communicate with children during separations
- Provisions for making up missed parenting time after deployment ends
A Family Care Plan, which the military requires for single parents and dual-military couples, is not the same as a custody order. Courts determine custody based on Alabama law, not military regulations. Having a solid parenting plan that addresses military realities helps avoid confusion and conflict down the road.
Common Mistakes Military Families Make During Divorce
Navigating both federal regulations and state law creates room for errors that can have lasting consequences. Knowing what pitfalls to avoid helps protect your finances, your benefits, and your parental rights.
Filing in the wrong state. With ties to multiple states, military families sometimes file wherever feels most convenient without considering how that state’s laws will affect their outcome. Property division, spousal support, and custody can look very different depending on where you file. Taking time to understand each state’s rules before choosing jurisdiction can save significant stress and money down the road.
Assuming a Family Care Plan protects custody rights. The military requires single parents and dual-military couples to have a Family Care Plan designating who will care for children during deployment. But this document has no legal weight in a custody dispute. Alabama courts make custody decisions based on state law and the child’s best interests, not military paperwork. Relying on a Family Care Plan instead of a proper custody order can leave a parent vulnerable.
Using incorrect language when dividing retirement or TSP. Military retirement and Thrift Savings Plan accounts require very specific language in court orders to divide properly. Generic divorce decrees often fall short of what DFAS or the TSP administrator will accept, leading to rejected orders and delays. Getting these documents right the first time avoids having to go back to court for corrections.
Overlooking survivor benefits. The Survivor Benefit Plan (SBP) provides continued income to a former spouse if the service member passes away. Without addressing SBP in the divorce decree, this benefit can be lost entirely. Once the election window closes, there’s no going back.
Military divorce involves a lot of moving pieces, and it’s easy to miss something important. When you’re also managing the emotional weight of this transition, the right guidance can make all the difference.
Leigh Daniel Family Law
Military families navigating divorce deserve guidance from a team that understands both Alabama divorce law and the unique complexities military service adds to the process. With over 70 years of combined experience, our team at Leigh Daniel Family Law helps military families work through these challenges with patience, clarity, and genuine care.
Led by best-selling author and experienced attorney Leigh Daniel, our firm combines courtroom strength with heartfelt compassion. We take time to understand your situation, explain your options in plain language, and build strategies that protect what matters most to you and your children.
If you’re a military family considering divorce in Alabama, schedule a consultation today. Let’s talk through your options and help you move forward with confidence.
