What Military Families Should Expect During Divorce Proceedings

Divorce Proceedings While the reasons for a military divorce might be the same as a civilian one, the process can look immensely different.

We dig deep to give you insight into what a military divorce looks like and how it differs from a typical civilian divorce.

A military spouse can file for a divorce at their permanent residence (must have lived in a state for more than six months). It should be noted that the divorce will then be carried out according to the state’s laws.

here are some Divorce Proceedings:

A Long and Complicated Process

What if your military spouse is deployed on foreign land or is on active duty?

Servicemembers Civil Relief Act helps military spouses by delaying schedules and court deadlines. Service members who are on active duty can delay their divorce proceedings until they have completed their military duties and are available to participate in the divorce process.

While this simplifies the process for a military spouse, it can stretch the divorce process for a non-military spouse.

How is Child Support Determined in a Military Divorce?

Your child support will be determined by the state that you file your divorce Proceedings in. However, the state court should be able to comprehend the various components of military pay. Base pay, housing allowance, food allowance, combat pay, and enlistment bonuses form the basis of service members’ pay.

A family law attorney can guide you through the child support process. Moreover, the court follows the federal guidelines and determines the child support amount accordingly.

Thrift Savings Plan

A service member on active service can set up a thrift savings plan and contribute to this IRA-like retirement plan. While going through a military divorce, this thrift savings plan can be split between the two parties and substituted for another asset.  Military pensions, however, are subject to special rules and are not always considered community property.  

What are Your Healthcare Options?

A non-military spouse can either opt for a Tricare program or sign up for a Continued Healthcare Benefits Program. While Tricare coverage requires their ex-spouse(s) to have been married for 20 years and served in the armed forces for 20 years, it can be canceled if a military spouse remarries.

A Continued Healthcare Benefits Program can aid the non-military spouse and provide them with lifelong healthcare coverage against certain conditions.

At Anderson Keuscher, we are a team of qualified family law lawyers who have worked on divorce, child custody, and child support, and property division cases. Our expertise and our personalized approach to each legal case help our clients achieve their legal rights.

hopefully, you enjoyed this Divorce Proceedings article.

Call us at 775 406 0305 to learn more about our divorce attorneys in Reno, Nevada.