How Is a Military Divorce Different Than a Regular Divorce?
One of the main obstacles of getting a divorce in the military is that you or your spouse must a resident of the state where they are applying for a divorce for at least 90 days. With so many relocations and last-minute moves, it can be challenging to time your divorce correctly. While all other aspects of divorce and family law apply to you as they do to a normal civilian – including spousal support, child custody, andproperty division – there are two major exceptions.
These include the following acts:
- Service members’ Civil Relief Act (SCRA)
- Uniformed Services Former Spouse Protection Act (USFSPA)
The SCRA is a law that is designed to protect members of the armed forces from certain types of legal action their spouses’ may try to take. This act protects military personnel against civil actions such as divorce while they are on active service and can extend for up to a year after active duty.
The USFSPA is designed to protect the spouses of military personnel. Due to this act, a spouse may be eligible to retain certain benefits they received during marriage, even after a divorce. This may include commissary, healthcare benefits, and more. It also allows for the family court to include a service member’s retirement benefits as marital property.