Answers To Common Questions About Military Divorce In Washington State
Divorce is often difficult, but it is especially so when one or both spouses are serving in the military. Our attorneys at Columbia Family Law Center are proud to help resolve complex family law issues and ease some of those burdens for military families throughout Washington state. On this page, we’ve provided answers to frequently asked questions about military divorce.
How does a military divorce differ from a civilian one?
There is no separate legal avenue for military divorce, but military divorces are subject to additional federal laws and military regulations that can impact the process, including specific rules about filing and dividing military benefits.
In which state should I file for divorce if I’m on active duty or stationed overseas?
You can usually file in the state where you or your spouse maintain legal residence. If you are overseas, consulting with a family law attorney can help determine the right jurisdiction.
What role does the Servicemembers Civil Relief Act (SCRA) play in divorce proceedings?
The SCRA can postpone divorce proceedings to allow active-duty service members to focus on their military responsibilities without legal distractions.
How is child custody managed if one spouse is deployed?
Child custody arrangements can be adapted to account for deployments, with temporary custody often granted to the nondeployed spouse. The fact of deployment will not count against the custody rights of the deployed parent, however.
How are military retirement and pension split in a divorce?
Military retirement benefits can be treated as marital property and divided accordingly under the Uniformed Services Former Spouses’ Protection Act (USFSPA).
Can I get a portion of my spouse’s VA disability benefits after divorce?
VA disability benefits are typically not treated as divisible marital property. However, they can be considered when determining spousal maintenance (commonly called alimony).
What are the guidelines for spousal support in a military divorce?
Spousal support/maintenance is governed by state law, considering factors like the marriage duration and each spouse’s financial status. Military allowances may also be included in these calculations.
Will I lose my military ID and benefits post-divorce?
Your military ID and benefits, such as access to commissaries and exchanges, may change after divorce. Eligibility often depends on the length of the marriage and service.
How does the ‘10/10 rule’ influence the division of military retirement?
If the marriage overlapped at least 10 years with 10 years of military service, retirement benefits are subject to the 10/10 rule. This means the Defense Finance and Accounting Service (DFAS) is allowed to make direct payments to the former spouse.
What effect will divorce have on TRICARE and other military benefits?
After divorce, TRICARE benefits may cease. However, some former spouses might qualify for continued coverage under certain conditions.
Contact Us For Answers To Your Military Divorce Questions
Our attorneys at Columbia Family Law Center serve military families throughout Washington state. To schedule your initial consultation, call 253-357-5395 or submit an online contact form.