Divorces are rarely straightforward, but when one or both spouses are members of the military, the process can become even more complex. Military divorces require specialized knowledge, from navigating military benefits to handling deployments during custody disputes. If you or your spouse is in the military and you’re considering divorce, this blog post is designed to help you understand the unique challenges and how Douglass & Runger in Memphis can guide you through the process.
Military divorce involves navigating both civilian laws and military regulations, which can be overwhelming without experienced legal help. Here’s what you need to know about military divorce in Tennessee and how our attorneys at Douglass & Runger can assist you in protecting your rights.
What is a Military Divorce?
A military divorce is a divorce where at least one spouse is an active-duty service member, reservist, or retired military personnel. Although military divorces follow the same general principles as civilian divorces, several unique aspects must be considered, such as how military pensions are divided, spousal and child support under military regulations, and the impact of deployments on custody arrangements.
Key Differences in Military Divorce
Military Benefits
Military benefits, including health insurance and retirement pensions, are often at the center of military divorces. These benefits are governed by federal laws, such as the Uniformed Services Former Spouses’ Protection Act (USFSPA), which dictates how retirement benefits can be divided.
Residency Requirements
Military members and their spouses may face different residency requirements for filing for divorce, depending on where they are stationed. In Tennessee, you can file for divorce if you or your spouse is stationed in the state, even if you are not a permanent resident.
Protections for Active Duty Service Members
Under the Servicemembers Civil Relief Act (SCRA), active-duty service members have protections that can delay divorce proceedings, especially if they are deployed or otherwise unable to participate fully in the process.
Military Divorce Benefits
One of the most complex aspects of military divorce is determining which benefits the non-military spouse will retain after the divorce.
Military Spouse Retirement Benefits After Divorce
The division of military retirement benefits depends on several factors, including the length of the marriage and the amount of overlap between the marriage and military service. The USFSPA allows state courts to treat military pensions as marital property, which means they can be divided in a divorce. However, the spouse must have been married to the service member for at least 10 years during active duty to receive direct payment from the military.
Health Insurance and Other Benefits
Former spouses of military personnel may be entitled to continued health care coverage under certain conditions. The 20/20/20 rule allows a spouse to retain full military benefits, including healthcare, if they were married for at least 20 years, the service member performed at least 20 years of service, and the marriage overlapped the service by at least 20 years.
Military Divorce and Child Custody
Child custody can be particularly challenging in military divorces, especially when one or both parents may be deployed or relocated frequently. Custody arrangements must account for the potential impact of military obligations, which can make it difficult to maintain a traditional custody schedule.
Deployments and Custody
Courts will take deployment and potential relocations into account when determining custody arrangements. It’s essential to have a parenting plan that considers these possibilities and establishes guidelines for modifying custody in the event of deployment.
Military Child Support Guidelines
Child support in military divorces is calculated similarly to civilian divorces, but military-specific guidelines must also be followed. The military requires service members to provide adequate support to their dependents, and failure to do so can result in military discipline.
Military Divorce Alimony
Alimony, or spousal support, can be awarded in military divorces just as in civilian divorces. However, specific rules apply when calculating alimony in military cases.
Calculating Alimony
The court will consider factors such as the length of the marriage, the earning potential of both spouses and the impact of military life on the non-military spouse’s career. For example, if the non-military spouse had to sacrifice their career to move frequently or care for children while the military spouse was deployed, that will be taken into account.
Alimony Payments and Military Pay
Alimony payments can be deducted directly from a service member’s pay if ordered by the court, making enforcement easier than in some civilian cases.
The Military Divorce Process
Filing for Divorce
Filing for a military divorce in Tennessee follows the same procedure as filing for a civilian divorce. However, if the service member is deployed, the SCRA can delay the process to ensure they have the opportunity to participate.
Division of Assets
One of the most complex aspects of a military divorce is dividing assets, particularly military pensions. Tennessee follows the equitable distribution method, which means assets will be divided fairly, though not necessarily equally. Military pensions are subject to division, and the USFSPA outlines how much a former spouse is entitled to receive.
Finalizing the Divorce
The divorce can be finalized once the court resolves issues such as child custody, alimony, and the division of military benefits. The final divorce decree will include all terms agreed upon or ordered by the court, including the division of any military benefits.
When You Need a Military Divorce Attorney
Given the complexities of military divorce, working with an attorney who understands Tennessee divorce law and military regulations is crucial. At Douglass & Runger, our attorneys have experience handling military divorces in Memphis and Tennessee. We can help you navigate the unique challenges of your military divorce, protect your rights, and secure your future.
