Military Divorce
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Military divorces are different from civilian divorces in several key ways. They also come with unique challenges that can make the divorce process more complicated. Working with a Sugar Land attorney with experience handling military divorces is crucial if you or your spouse is a service member.
Military families often relocate frequently due to deployments, which can affect the non-military spouse’s career. Many non-military spouses are unemployed or underemployed for most of the marriage to support their partner’s military career. As a result, the military spouse may owe spousal support due to the career sacrifices made by the non-military spouse. A capable military divorce lawyer will consider these factors when facilitating a fair outcome.
Child custody is another critical part of military divorce. The court may grant primary custody to the non-military parent because they’re less likely to deploy and can create a more stable environment. Deployment restrictions may also limit visitation, as children cannot travel to combat zones, which might result in the noncustodial parent paying more in child support. Navigating these complexities requires specialized legal counsel.
Military pensions are a significant part of asset division in military divorce. After 20 years of service, a person who retires from the military can receive a lifetime pension. The non-military spouse is typically entitled to half of the pension if they were married for at least 10 years of the service period. However, this division can be negotiable depending on the circumstances.
Sometimes, military members may try to manipulate the situation to prevent their former spouse from receiving a portion of the pension, such as retiring just before the 20-year mark or staying in the military longer than expected. It’s critical to have specific terms written into the divorce agreement to prevent such actions.
Additionally, the Survivor Benefit Plan (SBP), which provides financial support if a service member dies in the line of duty, can also be negotiated during a divorce. This ensures the former spouse and their children remain beneficiaries, even after legal separation.
The former spouses of military members may still be eligible for certain benefits and base privileges (like commissary access) if the marriage lasted 20 years, the service member was active for at least 20 years, and the marriage overlapped with their service period by at least 20 years. Remarrying will automatically revoke these rights. Tricare follows similar guidelines but only extends for 12 months after the divorce.
Since they were frequently deployed to different places, military couples often have several options when deciding where to file for divorce. We recommend consulting with one of our lawyers to ensure all legal requirements are met.
At Eaton Family Law, we understand how demanding military divorce can be. Our team has experience negotiating the complexities involved, from spousal support and child custody to pensions and benefits. Contact us today! If you’re in Sugar Land, Tomball, Katy, or anywhere in the Houston area, we offer proven legal guidance tailored to your specific needs.
