Divorce is a trying time for many, especially those within the United States Armed Forces. Although the divorce process doesn’t change for service members, there are some unique challenges involved.
Special Considerations in a Military Divorce
Every divorce case is different. This is most evident in military divorces. Some of the special considerations that arise during a military divorce include:
- Child support calculations: If a parent is deployed overseas, tax issues may arise that directly impact the calculation of child support payments.
- Child custody and deployment: Creating a solid and efficient child custody plan becomes challenging when one parent is deployed.
- Modifications due to changing circumstances: In the military, change is inevitable. Child custody, alimony, or child support modifications may be required to accommodate new changes such as deployments or relocations.
Another difference lies in your retirement benefits. State and federal laws allow both spouses to access military retirement benefits due to divorce. According to the Uniformed Services Former Spouses’ Protection Act, a court can award up to 50% of a service member’s retirement pay to an ex-spouse.
Of course, the division depends on many factors such as the length of active-duty service. This protection complicates property division in a military divorce.
The Servicemembers Civil Relief Act and Divorce
When one or both spouses are currently deployed, divorce can become a bit tricky or may need to be postponed. The Servicemembers Civil Relief Act protects all active-duty service members while on active duty. The act prevents service members from being taken to court for civil proceedings such as divorce and child support hearings.
The protection begins on the date of entering active duty and ends within 30 to 90 days after discharge.
Call the Military Divorce Attorneys at Schneider Law Firm
As you can see, you must enter a military divorce with care. We recommend reaching out to an experienced military divorce attorney who can guide you through the process. Allow us to support you along the way. To learn more about military divorce or to discuss your case, call our Ft. Worth office at 817-755-1852 or send us a message.