Kids, Pension, and Spousal Support in Military Divorces

Military couples suffer from different issues than the average couple. The stress of relocation, separation, and uncertainty frequently causes military marriages to crumble.

While there are many resources for military couples, it can be difficult or embarrassing to seek information about divorce. Oftentimes, service members and their spouses feel that they are to blame for divorce, perhaps when there is no blame at all.

Despite this, it is important to have a plan of what will happen in the event of a military divorce.

The Kids

Custody and relocation of children is a common issue in military divorces. Since one partner may be deployed on active duty, the other may remain the sole caregiver at home. This makes custody battles more difficult as a child is not likely to have a “normal” custody arrangements such as week-to-week visits. Some examples of common arrangements may be full custody while one parent is deployed, with a trade off once they return to the United States.

The Pension

Since one spouse is generally unemployed while the other is deployed, there are unique issues that arise with military pensions. The Uniformed Service Former Spouses’ Protection Act allows spouses of military members to collect a portion of the military retirement pension, depending on the number of years of marriage. This helps to make up for spouses who may not have been paying into their retirement fund because they were supporting their spouse during deployment by remaining at home.

Spousal Support

Different areas of the military have different rules about the spousal support that is required in the event of a separation or divorce. Usually, these are temporary rules that still require the military member to seek recourse in a civilian court. Spousal support may include monthly payments or a portion of the service member’s benefits.

If you or a loved one is seeking a military divorce, you should immediately contact an attorney. As military divorces can be more complicated than others, it is important to hire an attorney who has experience navigating the intricacies or military and family law.

If you live in the Tampa area, the attorneys at the Anton Family Law Group are available to discuss your case. We have thirty years of experience working on military divorce cases and understand the different options that may be available to you.

We invite you to call (813) 443-5249 for a consultation today.