Military Divorce: Questions to address

by | Jul 10, 2020 | Uncategorized

If you and/or your spouse are in the military, it can take a toll on your marriage and family life. Should you decide to divorce at any point, it’s critical to have a clear understanding of the process, including the challenges you’re likely to face.

While similar in many ways to a civilian divorce, there are other details that come to light if one or both of you are in the military. Here are some of the most important questions to address:

  • What happens to your military pension? Treated as marital property, this is sure to be a sticking point during your divorce. For example, if your imminent ex-spouse is in line to receive a military pension, you’re likely entitled to a fair share.
  • What happens in regard to child custody? This is often a complex detail, as one parent may be on active duty. For instance, if your ex is set for deployment, it may be easier to argue that you should receive physical custody of your children.
  • Do you need a parenting plan? Just the same as any other divorce, you need a parenting plan to address future questions and concerns. Furthermore, the parenting plan should account for one or both parent’s military life, such as if one person is regularly on deployment. When deployed, the parent won’t be able to spend time with their children, so some level of flexibility should be built in.
  • What about child support? This is based on a variety of factors, but there’s a possibility you may be in line to receive or pay child support post-divorce. Understanding the details associated with child support will position you accordingly.

As you prepare for a military divorce, these are the types of questions to address. With some basic answers in front of you, it’s much easier to make decisions that will benefit you now and in the future.

Even though there are unique challenges of moving through a military divorce, it’s nothing you can’t handle. Turn your primary focus to what you want from the process and how to protect your legal rights at every stage.


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