Military Divorce

Military divorces can differ from the standard family law divorce case when it comes to domicile, residence requirements, filing, obtaining service of process upon an active duty spouse, and compliance with unique military rules and regulations regarding the division of property and military pensions. While each state has jurisdiction over how most property and custody issues are determined, the federal government has enacted legislation titled The Uniform Services Former Spouses Protection Act (USFSPA) that governs the calculation and division of military pension benefits.

 

In all cases where the member is on active duty at the time of the divorce, the member's rights under the Soldiers and Sailors Civil Relief Act of 1940, (SSCRA) must be observed during the state court proceedings. In addition, for orders dividing retired pay to be enforced under the Act, a member and former spouse must have been married to each other for at least 10 years during which the member has performed at least 10 years of military service. Also, to enforce orders dividing retired pay as property, the state court must have jurisdiction over the member. Military pensions like their civilian counterparts are divisible in the event of a divorce, but are subject to different rules than the Qualified Domestic Relations Order that apply to private retirement accounts. Calculating income and collection of support can also be problematic because of regulations governing active or retired members of the military.