What Are the Unique Challenges of Military Divorce?

Is Divorce Common Among Members of the Military?

The divorce rate among service men and women tends to be somewhat higher than among civilians. According to CDC National Center for Health Statistics, the divorce rate for the general U.S. population was 2.4 per 1,000 population from 2000 through 2022. Since 2014, the divorce rate among active-duty troops across the services has fluctuated between 3% and 3.1%, as stated in a recent Military News article. The following factors may contribute to divorce among military couples:

• Youthful marriages: Service men and women may tend to marry younger to take advantage of military benefits.
• Financial hardship: The financial well-being of the average military spouse is below the national average. Financial hardship can lead to conflict and the breakdown of a marriage.
• Long deployments: In a recent study entitled The Risk for Marital Infidelity Across a Year-Long Deployment published by the Center for Research and Outreach, researchers found that nearly 30% of Airmen experienced some type of infidelity during or after deployment. In addition, a long deployment puts added pressure on the spouse left at home to take care of everything while the service member is on active duty.
• Stress: A significant portion of military spouses experience stress and anxiety during their spouses’ active duty. This can take a toll on the individuals involved and, ultimately, the marriage.

How is Military Divorce Different from Civilian Divorce?

Members of the military go through the same divorce proceedings as civilians, and the same state laws apply. However, there are certain key differences in a military divorce:

Applicable Federal Laws

Certain federal laws affect divorce among military members:

• Servicemembers Civil Relief Act (SCRA): As stated by the Consumer Financial Protection Bureau, this federal act is intended to provide additional protections for servicemembers to prevent legal or financial transactions from adversely affecting their rights during military service. Among other things, SCRA provides protection against default judgments in civil cases, including divorce. Proceedings must be postponed until 90 days after the service member returns home from active duty.
• Uniformed Services Former Spouses’ Protection Act (USFSPA): Enacted by Congress in 1982, this federal law makes it possible for a spouse or former spouse to receive a portion of a service member’s retirement pay, pursuant to a court order and provides a method of enforcing court-ordered child support and alimony payments.

In addition, the Survivor Benefit Program (SBP), sponsored and subsidized by the Department of Defense, provides up to 55% of a service member’s retirement pay to an eligible beneficiary upon the service member’s death. SBP allows for the election of former spouses as beneficiaries.

Child Custody Challenges

Child custody arrangements may be more complicated among active service members. Service in the armed forces should not affect child custody decisions. California courts base child custody decisions on the best interests of the child. They most commonly grant joint custody, in which both parents have equal involvement in the child’s life.

However, military duty may involve frequent relocations and deployments, complicating custody matters. The court may consider how a service member’s duties impact his or her ability to maintain stable custody, which can lead to different custody and visitation arrangements.

For members of the military with dependent children, a military family care plan must be created, in addition to custody orders, to designate a caretaker in case either or both parents are in training or deployed. The Army, Marine Corps, Navy, and Air Force all have requirements for family care plans. As stated in a Military One Source article, critical elements of a family care plan include:

• Outline of daily activities, including school, extracurricular activities, and social and family events
• Details of family rules and behavior, including mealtimes, bedtimes, chores, and discipline
• Medical information, including family doctors, hospitals, medications, allergies, immunizations, and nutritional supplements
• Contact information for friends, relatives, neighbors, doctors, dentists, and anyone who could support the child’s caregiver
• Locations of important documents, such as powers of attorney, birth certificates, insurance documents, and wills
• Dependent ID cards: They must be current and registered in the Defense Enrollment Eligibility Reporting System (DEERS)
• Any upcoming financial matters and instructions on how to handle them while the parent is away

Child Support and Alimony Complications

Military pay is not as straightforward as pay for most civilian occupations. It may include allowances, such as the Basic Housing Allowance (BAH) and Basic Allowance for Subsistence (BAS), which often comprise a significant portion of a military member’s pay. In addition to basic pay, service members may receive special, or incentive pay for specific qualifications or events. For example, a service member may receive special pay for duty as an aviator or parachutist or for dangerous or hardship duty. As income is an important factor in child support calculations and spousal support decisions, these matters can be more complicated in a military divorce.

How Can an Experienced Military Divorce Attorney Help?

Divorce can be a stressful and emotionally challenging experience under any circumstances. In a military divorce, there are many additional factors to consider and specific obstacles to face. Our experienced San Diego military divorce attorneys at Khosroabadi & Hill can help you understand your rights and skillfully guide you through the process. Contact us at 858-240-2093 for a free consultation.