9 Ways a Military Divorce Attorney Can Help You with Legal Separation

Read Time:5 Minute, 17 Second

Military divorces are different from civilian divorces due to the laws and regulations that govern active military members and their spouses. Factors such as deployment, military benefits, and pension division can make the divorce process more complex.

A military divorce attorney specializes in handling these complexities. They can ensure that service members and their spouses receive a fair separation. If you are a military spouse or service member, having an experienced attorney can help you a lot in the outcome of your case.

Below are nine key ways a military divorce attorney can help you during legal separation.

Table of Contents

Helping You Understand Military Divorce Laws

One of the most critical roles of a military divorce attorney is to help you understand the specific laws that apply to your situation. Unlike civilian divorces, military divorces involve both state laws and federal laws such as the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA).

These laws protect active-duty service members from being forced into legal proceedings while deployed or on duty. This means that if you or your spouse is currently serving, the divorce process may be postponed until they can actively participate in the case. A knowledgeable attorney will ensure you understand your rights and protections under these laws.

Determining Jurisdiction for Filing the Divorce

Jurisdiction is a major issue in military divorces because service members and their families frequently move across states or even internationally. Unlike civilian divorces, where jurisdiction is usually determined by residency, military couples have multiple options for where they can file for divorce. These include:

The state where the service member is stationed
The state where the service member claims legal residence
The state where the non-military spouse currently resides

A military divorce attorney will help you determine which state is the most advantageous for filing based on laws regarding asset division, spousal support, and child custody. For example, if you live in California, you should consult a team of experienced Oceanside Military Divorce Attorneys to determine the jurisdiction for filing the divorce.

This is especially important because different states have different divorce laws, and filing in the wrong state could result in unfavorable outcomes for your case.

Handling Military Pension and Benefits Division

Military pensions and benefits are one of the most valuable assets in a divorce, making their division highly contested. Under the USFSPA, a military pension can be divided between spouses, but only if the marriage lasted at least 10 years while the service member was on active duty.

Even if the 10-year rule doesn’t apply, a spouse may still have legal grounds to claim a portion of the pension or receive alimony to compensate for financial loss. A skilled military divorce attorney will analyze the pension’s value, determine the best legal strategy for division, and negotiate on your behalf. They will also help you understand other entitlements, such as health benefits, survivor benefits, and housing allowances.

Dealing with Child Custody

Child custody is one of the most challenging aspects of a military divorce, especially when one parent is frequently deployed or stationed overseas. Courts prioritize the best interests of the child, but military obligations can complicate parenting schedules.

A military divorce attorney will help you develop a custody plan that accounts for deployments, relocations, and training schedules. They will also ensure that the court understands the challenges of military service and advocates for fair custody arrangements.

Additionally, they can negotiate long-distance visitation agreements, which allows the military parent to maintain a strong relationship with their children, even from afar.

Addressing Spousal Support and Financial Considerations

Spousal support (alimony) is often a major concern in military divorces, especially for non-military spouses who may have sacrificed career opportunities to support their partner’s service. Courts consider various factors when determining spousal support, including the length of the marriage, the financial situation of both parties, and the ability of each spouse to support themselves post-divorce.

A military divorce attorney will advocate for fair alimony arrangements, ensuring that the non-military spouse is not left financially vulnerable. They can also negotiate lump-sum settlements or other financial arrangements that suit both parties, rather than relying solely on monthly payments.

Handling Relocation and Military Transfers

Relocation is a common issue in military divorces, particularly when a service member receives Permanent Change of Station (PCS) orders. If children are involved, a military divorce attorney will help you navigate custody modifications due to relocation.

Even for spouses without children, moving to another state or country can affect the enforcement of divorce agreements, including spousal support and property division. An attorney will help ensure that all legal agreements remain enforceable despite future military transfers.

Protecting Survivor Benefit Plan (SBP) Entitlements

The Survivor Benefit Plan (SBP) allows military retirees to provide financial support to their ex-spouse after their death. However, divorce does not automatically entitle a former spouse to SBP benefits—specific legal steps must be taken to secure them.

A military divorce attorney will ensure that SBP coverage is included in the divorce agreement and properly filed with the Defense Finance and Accounting Service (DFAS). Without this step, the non-military spouse could lose their entitlement to benefits permanently.

Advocating in Contested Divorce Cases

While some military divorces are amicable, many involve disputes over child custody, asset division, or financial support. In contested cases, emotions run high, and both parties often struggle to reach a fair agreement.

An experienced military divorce attorney will represent your interests in negotiations and court proceedings, ensuring that you receive a just outcome. They will also help prevent legal mistakes, such as missing deadlines or failing to file important documents, which could weaken your case.

Negotiating Settlement Agreements to Avoid Litigation

Going to court can be expensive, time-consuming, and emotionally draining. A skilled military divorce attorney can help you reach a fair settlement through mediation or negotiation, reducing the need for lengthy litigation.

Through skilled negotiation, an attorney can help both parties reach compromises on key issues such as property division, child custody, and financial support. This approach not only saves time but also ensures that both spouses maintain control over the divorce terms, rather than leaving the decision to a judge.