Skip to main content
Military Divorce

Civilian vs Military Divorce

By October 22, 2014August 10th, 2016No Comments4 min read

Civilian vs Military Dissolution

Divorce can be a complicated, stressful, and confusing time for any couple. Gaining an understanding of how the process works can greatly reduce the expense, emotional strain, and time dissolution takes. If you or your partner is an active member of the United States Armed Services, chances are that you’ll be dealing with some divorce situations that don’t typically affect civilians. There are differences in civilian vs military divorce and it is important to know your rights.

Having a spouse within the military typically affects how support will be calculated, how pension rights and other benefits may be altered, and how custody and visitation rights are decided. From the very beginning, a military dissolution can provoke questions and issues that civilian couples are not usually exposed to. For example, some partners are confused about where they should file for a divorce, since the court must have jurisdiction over both partners. This means that you must file for a dissolution in a state where the military spouse resides, or in a state that both partners agree to. This is just one example of issues that you need to be aware of while going through in a civilian vs military divorce.

Support for Spouses and Children

Just like anyone else within California going through a divorce, members of the military are required by law to provide support to for their family. The department of defense requires all members of the service to comply with custody, support, and visitation orders as given by the court. The military will even go as far as to impose sanctions, including punishments as drastic as removal from the military service, if the individual in question neglects to pay that support.

The rates of spousal and child support are typically controlled by each individual state. But there are usually unique issues that arise when it comes to military spouses, including enforcing support orders after a service member has been deployed, calculating amounts and modifying agreements. Military law contradicts with civil law in that a military member is required to give a portion of their BAH which may be higher than what a court would order. However, until there is a court order stating different, the military member has to pay the rate stated by the military or risk being in defiance of military regulations.  It is important to have a request pending in court right away to avoid having to pay more than required.

When it comes to child visitation and custody, partners face an issue that is challenging no matter what the circumstances are. For military personnel, however, visitation and custody matters can be further complicated by uncertainty regarding future deployment and frequent movement. In California, courts want parents to share their children equally absent any compelling reason not to.  If a parent is on deployment or stationed overseas a custody plan will be created that will give them as much contact as is reasonable considering the circumstances including distance and age of the child.  Once the service member returns, their absence will not be used against them in a custody proceeding. There are very clear laws on this.

Benefits and Pension Rights

 Although the military operates under rules that are somewhat different to the private sector, it’s important to acknowledge that it is still, technically, an employer. The military provides various benefits, including a pension and medical support aspects such as life insurance and other opportunities for service members to take advantage of. All of these benefits can be subject to division in a military dissolution according to the law of the state in which the divorce is taking place.  As a military spouse, you are entitled to receive a portion of these benefits including a survivor benefit plan and perhaps lifetime medical coverage.

Minella Law Group can Help!

Unless the member of the military service within the partnership has only been part of the service for a short period of time, meaning that they have limited assets to deal with, it is important that partners do not attempt to negotiate a dissolution or settlement without an attorney. There are very specific rights that are involved and must be requested.  An amicable dissolution can be reached, but should be done with an experienced attorney who knows what to look for.

If you are facing a divorce and the United Stated Military is an employer, the qualified staff at Minella Law Group can assist you.  For more information or to schedule an appointment for a no cost consultation, click the button below, or call us at 619-289-7948. We look forward to meeting with you!