Military divorces tend to be a more complex and intimidating than divorces involving civilian spouses only. There are unique considerations that couples have to address when preparing for a military divorce.
The seven issues outlined below are often top concerns reported by those divorcing as a servicemember or the spouse of a servicemember.
Jurisdiction and residency
Many people are unsure of where they should file for divorce. In Kentucky, the only jurisdiction requirement is that one of the spouses currently resides in the state. People may need help validating their jurisdiction and preparing the necessary paperwork to file for divorce.
Stays for active-duty servicemembers
The Servicemembers Civil Relief Act helps protect those serving in the military from lawsuits when they are unable to respond. The law also provides protection to those facing a spouse’s divorce filing. A servicemember on deployment can delay their divorce proceedings until after they return home and have an opportunity to review the situation.
Military pensions
Spouses may be unsure of what happens with a military pension. People who understand the 10/10 rule and Kentucky’s equitable distribution law can seek a reasonable solution for a military pension.
The Uniformed Services Former Spouses Protection Act
Federal regulations allow spouses of servicemembers to request post-service pay after a divorce. This law specifically covers military retired pay and allows the Department of Defense to enforce certain court orders.
Rights and benefits for abandoned spouses
Maybe a servicemember goes absent without leave (AWOL) and does not communicate with their spouse. Perhaps they move out of the marital home and cut their spouse off financially. There are rules in place to help protect abandoned spouses who may have been dependent on a servicemember for basic needs during their marriage.
Spousal maintenance and child support
Spousal maintenance, also known as alimony in other states, involves a court order requiring one spouse to provide ongoing financial support for the other. Spousal maintenance typically is not automatic, meaning that the dependent or lower-earning spouse has to ask the courts to grant them financial assistance from their spouse.
Child support, on the other hand, is usually mandatory and automatic in divorces involving minor children. There can be a bit of nuance to child support matters depending on the division of parental responsibilities the and the income of both spouses.
Child custody issues
Sharing parenting time can be quite difficult when one spouse currently serves in the military. Parenting plans often need to contain far more detail for military families than they do for civilian families. Issues including plans for deployment and virtual visitation often require careful consideration when negotiating custody matters in a military divorce.
Partnering with the right legal support can make a major difference for servicemembers and their spouses when preparing for a potentially complex military divorce.