While many people are understandably concerned that active members of the military – perhaps especially those who are deployed – may not always receive fair treatment while divorcing, this concern applies to spouses of active military members as well. Active servicemembers benefit from a host of protections under the law while they’re divorcing, and it can be understandable when their civilian spouses worry that they may be bulldozed when walking away from their marriage.
Military spouses should know that they have important rights during divorce, and those rights can affect everything from property division to custody and support. Understanding these protections can make the process less overwhelming and help ensure that they receive fair treatment when seeking a divorce settlement.
Important concerns every military spouse has during a divorce
One key issue is property division. Under federal law, particularly the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts can treat military retirement pay as marital property subject to division. This does not mean that every former spouse automatically receives part of their spouse’s retirement benefits, but it does give courts the authority to award a portion depending on the length of the marriage and its overlap with military service. Many states use formulas to determine how retirement benefits are divided, and these can make a significant difference in the financial stability of the non-military spouse after divorce.
Military spouses also have rights when it comes to healthcare benefits. In certain situations, if a marriage lasted at least 20 years, a service member had at least 20 years of creditable service and those periods overlapped for at least 20 years, the non-military spouse may continue to receive TRICARE benefits even after divorce. In cases where the overlap is shorter, partial benefits may apply.
Because service members may be deployed or transferred frequently, courts must consider how to structure custody and parenting time in a way that maintains stability for the children affected by a divorce. Military spouses have the right to request parenting plans that reflect the realities of deployment while still protecting their child’s relationship with both parents. In addition, federal and state laws prevent custody decisions from being permanently altered just because one parent is deployed.
Finally, military spouses have rights when it comes to support. Courts can order child support and spousal support, and the military itself has regulations that require service members to provide financial support to their dependents.
Military divorce can be complicated, but spouses are not without protections. Knowing these rights is the first step in ensuring fair outcomes.