Military Divorce Laws

Military divorce laws are not exactly the same as civilian divorce laws. If you are in any stage of a divorce, and either you or your spouse or ex-spouse is a member of the military, you should be aware of that. While there is obviously some overlap, the details of military divorces are often quite different, and it is important that you educate yourself as to your legal rights if you are in this unique situation. What follows should help you to deal with the legal aspect of a military divorce more effectively.

First, it is important that you understand that child support laws are not exactly the same when military pay is involved. Additionally, the divorce laws might not be exactly what you would expect. While it is true that each military service requires its members to pay child support in one form or another, the military is legally forbidden from forcing anyone to pay any child support in a military divorce. In any situation where an individual must pay child support involuntarily, the way to take money against the person's will is with a court order. While the military is not allowed to confiscate wages, their hands are not completely tied, however. All military services have requirements that their members pay child support, and will normally punish their members for failing to pay.

It is also important for anyone going through a military divorce to realize that a portion of military retirement pay is not automatically given to the ex-spouse either. While this is an option, it does not always happen, and is not absolutely mandatory. This will depend on whether the state divorce court considers military retirement pay as joint property or not. This will vary depending on the laws of the state. However, it is also possible for the military to deduct the money from the retirement payment automatically. Military divorce laws cause this to occur if the marriage lasted over ten years, and both members were serving in the military for at least ten years at the same time.

As you can see, military divorce laws are very similar to those governing civilian divorce, there are enough special differences that it is worth your time to educate yourself about them. However, you should also be aware of state laws governing divorces, as they will be as relevant, if not more relevant than military rules. It is important that you take the time to educate yourself about the legal aspects of your divorce.

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