Understanding Spousal Rights in a Military Divorce

Divorce is quite difficult. Military divorce is even more so. 

The divorce rate amongst service members is roughly three percent. That means that tens of thousands of military personnel are divorced. Of course, no two divorces are similar, but there are some things you can consider for your divorce. 

What is a military divorce like? What is a military spouse entitled to? What are the military’s policies in terms of child support and custody? 

Answer these questions, and you can turn to a military divorce lawyer for a quick divorce. 

To make things right for you, contact a military divorce lawyer. Charlotte Christian Law serves the Huntsville area. Get help for your military divorce today. 

The Basics of a Military Divorce 

Many people assume that a military divorce is different from a civilian one. There are some minor differences between the two processes, but most steps are similar to each other. 

If you are filing for divorce, you will need a divorce attorney to help you. If you are currently living on a military installation, you can go to its legal office. 

You will then need to draft a complaint. It is a document that outlines why you are seeking a divorce and what you would like from the process. You then must file it with the court. 

When you do, the papers will get sent to your spouse. They must respond to it in a specific amount of time. 

Active service members can receive extensions for their responses. This can delay the divorce process by several months. They can agree to the complaint, or they can dispute some or all of its parts.

Most divorces proceed into mediation. A third-party mediator will talk to you and your spouse about matters like a child and spousal support. You may be able to find a mediator through an installation legal assistance office. 

If mediation fails or is not an option, you can proceed to a divorce trial. Each side can present witnesses and documentation that backs up their claims. The judge will decide on what the settlement terms should be before granting the divorce. 

What a Military Spouse Is Entitled To

The settlement terms of divorces vary depending on the situation. But the Uniformed Services Former Spouse Protection Act (USFSPA) delegates some potential entitlements. 

The 20/20/20 Rule provides maximum entitlements. The two spouses must have been married for at least 20 years. In addition, the military member must have served for 20 years, and 20 years of marriage must overlap with 20 years of service. 

A spouse who meets this rule has access to TRICARE and other benefits for the rest of their life. They lose these benefits if they remarry. But they do not have a guaranteed part of a military pension. 

The 20/20/15 Rule provides temporary TRICARE coverage. Two spouses must have been married for 20 years, with the military member serving for 20. If 15 years of marriage overlap with the 20 years of service, the non-member spouse receives one year of TRICARE coverage. They do not have commissary or exchange privileges. 

The 10/10 Rule establishes how the military spouse will receive the service member’s pension. The couple must have been married for ten years. Ten years of marriage must overlap with a decade of military service. The non-military spouse can receive some of the service member’s retirement pension. The Defense Finance and Account Service will send them direct checks. 

The spouse is not entitled to half of their ex’s pension. Instead, a judge must determine whether they get that high of a percentage. 

Child Custody and Support

The USFSPA does not impact child custody or support. However, military personnel are required to pay child support if they have to. 

The calculation of payments is the same between service members and civilians. The nuance comes in determining how much money that service members earn. The military pay chart can provide an initial estimate, but allowances must be added as well. 

Arrangements are subject to state laws, not federal or military ones. Therefore, review your state laws before determining what your rights to financial support are. A service member can live with their child on a military base. They can also receive visits from their child there. 

They should prepare a family care plan as soon as possible. The plan outlines the routine of the child. 

In addition, it gives information on how a caretaker should provide for them, including in schooling and medicine. Both co-parents should have each other’s contact information. A service member can be relocated to another base with minimal warning. 

The co-parent who is serving in the military has the right to see their child. You can move custody and visitation around to accommodate their schedule. You should expect to have a larger share of parenting responsibility. 

But if you arrange for your child to spend time with their co-parent, you must send them over. Remain in contact with them so you can take over for your child if you need to. Most couples with military families in them decide on joint custody. This is customary, not a requirement. You have the right to see your child unless you pose a threat to them. But you must negotiate to determine what your custody and visitation privileges are. 

Call a Military Divorce Lawyer Today

A military divorce is not dissimilar to a civil divorce. You can pursue resources from an installation legal center if you live on base. However, your process may be delayed if the service member is working. 

Several rules determine a military spouse’s entitlements. In general, the longer the marriage, the more a spouse can receive. The military requires its members to pay child support. But support and custody arrangements are up to the couples themselves.