Military divorce

Military divorce is a specific type of divorce that arises when one or both partners are members of the military. Although typically an uncontested divorce, military divorces are different because they require additional requirements to be fulfilled. Divorces occur less frequently than within the civilian population. They present a special set of challenges that make military divorces more complicated than a typical divorce. For example, The Federal Service Members Civil Relief Act of 2003 requires any person seeking a divorce to state that their spouse is or is not currently a member of the United States armed forces. This is meant to prevent spouses from seeking divorces from service members who would be unable to attend divorce proceedings.

A common challenge presented by military divorce is jurisdiction - where the divorce should be filed if the service member isn't at home. A divorce may be filed at home or where the military member is stationed, both in the United States or abroad.

Calculating the income of a member of the military requires specific knowledge and expertise, as service members are paid in a number of ways, including basic allowances for housing, expenses, and their basic pay.

A servicemember who has served 20 years is entitled to receive a military retirement. Per the Uniformed Services Former Spouses' Protection Act. State courts may but are not required to divide a servicemember’s “disposable retired pay” upon dissolution, according to that court's domestic relations laws.

Jurisdiction over a service member is a prerequisite for dividing a military retirement. This jurisdiction is more than simply personal jurisdiction through service of process – it requires either residence within the state not due to military orders, domicile in the state, or the service member’s consent.

“Disposable retired pay” is defined as the gross retired pay minus (A) payments back to the United States for prior military retirement overpayments and for recoupments required by law resulting from entitlement to retired pay, (B) court-martial forfeitures, (C) pay waived to receive disability payments from the Veterans Administration (VA), and (D) the Survivor Benefit Plan premium costs for a spouse or former spouse paid pursuant to court order.

"While the Uniformed Services Former Spouses Protection Act does not specify a minimum duration of marriage in order to divide retirement, former spouses who wish to receive their share of the retirement directly from the Defense Finance and Accounting Service must have at least 10 years of marriage overlapping the military service.

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Wikipedia