Married life for military couples can be incredibly stressful. Between
deployments, frequent moves, and the chaos of managing your children’s
lives, a lot of strain is placed on the relationship. Divorcing military
couples generally have the same procedures as civilian couples with a
few exceptions which can depend on how long you were married. Here’s
what you need to know if you’re thinking of
getting divorced as a military couple.
Former Spouse Protection Act: This law allows for military retirement and pensions to become part marital
assets. It also allows states to consider retired military pay as property
instead of income. To qualify for retirement payments, you must have been
married for at least 10 years for at least 10 years of military service.
Civil Relief Act: The civil relief act allows service members called to active duty to “stay”
civil and family courts if they can prove their deployment prevents them
from exercising their legal rights. This means your divorce proceedings,
child support, and
spousal support determinations could be placed on hold until your spouse returns from
20/20/20 rules: For military couples, the duration of your marriage is a determining factor
regarding medical benefit eligibility. Under the 20/20/20 rule, a former
spouse who has never remarried can receive medical commissary, exchange
and theater privileges if their spouse was in the military for 20 years
and the spouse was married to the military member for at least 20 years.
Service members responsible for supporting their children: Military branches have regulations in place that obligate military service
member pay support to their children until a specific court order can
If you are considering divorcing your military spouse or you are a military
service member thinking of divorcing your civilian spouse, our
Annapolis military divorce attorney can advise you of your legal options.
Call (410) 593-0040 to start your case today!