Military Divorce FAQ

Members of the armed forces have a number of questions when they are facing a divorce. Handling a divorce, legal separation, or child custody can be more difficult to deal with when the service member is on deployment or living in a different state. This FAQ page is intended to give you an overview of the military divorce process with links to other informative articles to answer your questions.

Divorce law is very state-specific and can be complicated when the spouses live or reside in different states. We suggest consulting a divorce experienced attorney in a city near you to give you the best advice about your individual situation.

Does the Servicemembers Civil Relief Act Mean I Can Ignore Divorce Papers?

Not at all. The Servicemembers Civil Relief Act (SCRA) does, however, provide protections to active military members in the Army, Navy, Air Force, and Marines. These protections can provide a stay of proceedings, generally 90 days in length. However, this stay may be extended upon the evaluation of certain circumstances such as deployment to a foreign country. Eventually, if divorce proceedings are formally initiated, you will need to address the divorce papers.

What Happens to Continued Military ID Privileges After My Divorce if I Want To Get Remarried?

When a military spouse is divorced from a nonmilitary spouse, they may or may not retain certain privileges such as access to the commissary, health benefits via TRICARE, and military ID privileges. However, when a divorcee in this position remarries, they may lose all or some of the privileges.

Can VA Disability Pay Be Divided in a Divorce?

Generally, payment that a veteran receives for disability cannot be considered as marital property when filing for divorce. However, VA disability pay can be a consideration as part of a calculation of gross income when determining spousal support (alimony), or child support.

What Happens to Military Pension Benefits After Divorce?

Military pension benefits after a divorce may be divided up between the member spouse and non-military spouse. A state court can divide a military pension plan or consider the amount of the military member’s pension payments in property division of other assets in a divorce.

Can I Keep My Military ID and Privileges After the Divorce Is Final?

A non-military spouse who divorces a military member may retain their military ID and associated privileges while the divorce is pending. They may also retain their military ID and privileges after the final divorce decree, providing they qualify under the 20/20/20 rule.

The 20/20/20 rule means that the divorcee was married to an active military member for 20 years, the military member was active for 20 years in total, and there are at least 20 years of overlap between the marriage and the period of active military service conducted by that particular service member.

Can You Garnish Someone’s Military Pay To Collect Child Support or Alimony?

While military pay is not subject to garnishment for commercial debt, it could be allowable for court-ordered alimony, spousal support, and child support payments.

The Defense Finance and Accounting Service (DFAS) handles these types of processes. Whether the service member is active duty or retired, military pay can be garnished under legal court order to provide for such allowances. You must provide an order from court or the child support enforcement agency (CSEA) to the DFAS to garnish a service members’ pay.

How Can I Stop My Military Pay From Being Garnished?

Commercial debt does not subject an active military member to wage garnishment. However, if you want to prevent your pay from being garnished in a divorce case, you will likely need to consult experienced legal counsel and argue against any court proceedings which may seek a mandatory garnishment of your pay.

Negotiations between your lawyer and the attorney representing your spouse who is seeking divorce may result in a more amenable arrangement. Regardless, if your case proceeds to a hearing, having a skilled military divorce attorney representing you could reduce the amount of spousal support or child support you will be ordered to pay.

Will the Military Move a Spouse After Divorce?

The military may opt to pay the moving costs of a divorcee who is divorcing a military member in instances where they are returning to the U.S. from an overseas operating station. In most other situations, moving arrangements will be dealt with in a civil court, or between the divorcing parties themselves.

What Is a Military Wife Entitled to in a Divorce?

A military wife who divorces a servicemember may be entitled:

• a portion of disposable military retirement pay if they qualify under the 10/10 rule
• medical benefits under TRICARE (if they qualify under the 20-20-20 or 20-20-15 rule)
• all benefits afforded a civilian divorce

However, if the former military wife remarries, the military ID (and all attendant military benefits), as well as TRICARE coverage will be immediately terminated. The same termination of TRICARE benefits may take place if the divorcee acquires private health insurance from any source.

If a Service Member Is Stationed Out of State, Where Should They File for Divorce?

A divorce can be filed in the state where military personnel is currently stationed, the state in which they formally reside, or the state where the other spouse resides, depending on the residency requirement. It is up to the parties who are involved in the civilian divorce to determine which filing is in their best interests.

What Happens if My Spouse Divorces Me While I’m Deployed?

The SCRA protects a deployed active service member, in some fashion, from divorce proceedings. A mandatory 90-day stay of proceedings can be enacted, and longer stays can be put in place if the situation dictates. It is strongly recommended that you immediately retain a family law attorney, and begin negotiations regarding divorce proceedings.

Can I Get Custody if I’m Deployed?

As a military parent, it may be more difficult to retain custody of your child while deployed. Where the court finds no reason why the child cannot stay with your former spouse, they may be awarded temporary custody of the child or children. Regardless of the circumstances, it would be wise to speak with a skilled military divorce lawyer who are familiar with primary custody and child custody proceedings before proceeding further.