Understanding Military Divorce

A military divorce is very similar to a civilian divorce, save for certain property, financial, and procedural issues where additional state or federal laws apply:

  • The Servicemembers Civil Relief Act (SCRA) prohibits divorce proceedings while a spouse is on active duty, plus a 60-day harbor following active duty.
  • There may be multiple states where a service member can file for divorce.
  • The Uniformed Services Former Spouses' Protection Act (USFPA) governs the division of a military pension or thrift savings plan.
  • A service member's disability payments from the U.S. Department of Veterans Affairs might be excluded from the marital estate, except for purposes of determining child support. Consequently, you may require an order prohibiting the service member from commingling his or her pension.
  • Off-base allowances may not necessarily count towards the marital estate.
  • (TSP). When determining military income for purposes of spousal or child support calculations, you may need to factor in a basic housing allowing and other sources of income. Otherwise, a military divorce generally follows the law of your state.
  • There may be a choice between independent payments versus wage garnishment through the state's child disbursement unit. We can advise you on the pros and cons of each.

As in a civilian divorce, parenting schedules might require extra discussions. A service member's schedule might call for creative solutions to child custody, referred to as conservatorship. We have the experience to suggest outcomes that protect both the child's best interest and your rights as a parent, while helping you navigate through any other potential family law issues.

Put Your Military Divorce Case In Trusted Hands

A military divorce requires attention to additional federal and state requirements. We have helped many military couples navigate these issues in the past 25 years. Call (210) 536-0555 or contact us online to schedule a consultation at our San Antonio office.