Issues Pertaining to Military Divorces
When military couples (both spouses in the military or just one) get divorced, there are some additional issues that come into consideration that are not factors in civilian divorces. Let’s take a quick look at a few things you should know about military divorces.
- Jurisdiction can be complicated: Military service members will likely have multiple residences. They may reside with their spouse in one location, but also be stationed in another location. Divorces must be filed in the area where a person spends a majority of their time, the area where one is “domiciled.” If this area differs from that of your spouse, there can be some complications, especially when children are involved and even more so if your spouse is stationed overseas.
- Military benefits can be split: Military benefits may be considered marital assets, meaning they are subject to the asset division process. However, the way in which those benefits will be split depends on the circumstances of your divorce and the court in which your divorce is being processed. This includes military pensions, which can, in some cases, be quite valuable.
- Disability benefits cannot be split: Unlike military pensions and certain other benefits, VA disability benefits cannot be divided in a divorce. The service member being paid those benefits has sole right to the benefits should he or she get divorced.
- Active service members can have custody: There is a misconception that people in active duty will not get custody of children. While there may be some barriers to this, courts will place children in custody of active service members if they believe it to be in the best interest of the children.
For more information about military divorces and some of their unique elements, contact an experienced divorce lawyer at Solutions Divorce Mediation.