7 Special and Significant Implications of a Military Divorce

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Whether you are in the military or married to a military member, be aware of these important ways in which your divorce may differ significantly from a civilian divorce.

1. It May Take Longer

If you or your spouse are on active duty in a remote area or stationed overseas, you may have difficulty meeting the residency requirements needed to file for divorce.

2. Deciding Where to File

The divorcing party must decide in which state to file. If you file in a state other than the military member’s home state of legal residence, the court may have limited authority over matters like dividing the military pension. Speak with an experienced Maryland military divorce attorney for insight on handling these issues.

3. Service Members Civil Relief Act (SCRA)

Under the SCRA, an active military spouse served with divorce papers can request a “stay” if military duties prevent them from responding to the court action. The initial stay lasts a minimum of 90 days, and the court can grant extensions.

4. Uniformed Services Former Spouse Protection Act (USFSPA)

The USFSPA addresses concerns like the spouse’s continuing eligibility for commissary rights (also called base privileges), health care benefits, and a portion of the service member’s military retirement pay. Some of these benefits are determined by the length of the marriage.

5. Survivor Benefit Plan (SBP)

The SBP does not automatically remain in place after a divorce. The divorce settlement must address these benefits. According to Military.com, a member eligible to elect a survivor annuity may elect coverage for a former spouse. The former spouse must have been married to the member for at least one year to be named as a beneficiary.

6. Thrift Savings Plan (TSP) Division

Just like monies in a 401(k) must be included in a divorce decree, the division of funds in a military Thrift Savings Plan (TSP) must also be addressed. The rules and requirements for dividing military retirement assets differ from civilian retirement plans.

7. Legal Assistance for Military Personnel

Each branch of the military provides legal assistance attorneys who can offer helpful advice. However, these lawyers cannot represent you in your divorce. You will need to find a qualified Maryland military divorce attorney to handle your case.

Seeking Legal Help for Military Divorce

The DiPietro Family Law Group works extensively with military personnel in Maryland, Virginia, and D.C. to handle complex and sensitive family law issues. Call us now at (888) 530-4374 to set up a confidential case evaluation.

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