How Do Military Divorces and Civilian Divorces Differ in AL?

Every divorce is complicated, both emotionally and legally. Soldiers and their spouses sometimes get divorced, too, and their legal representatives must know the different dynamics that affect military divorces. While a military divorce will still proceed through a civilian family law court, many differences exist between military and civilian divorces.

Perhaps the chief difference between military and civilian divorces is that virtually every military divorce involves a discussion of benefits. Many military service members sacrifice higher compensation and safer working conditions for better benefits such as retirement, savings plans, base access, survivor benefits, VA mortgages, etc. Discussions of these benefits are unique to military divorces and can sometimes be the primary focus of divorce proceedings.

When civilians get divorced, they are unlikely to suffer any adverse employment consequences for the conduct that led to the divorce. However, soldiers who are found to be engaged in extramarital affairs could face the consequences, including the potential to be court-martialed. Additionally, soldiers who do not provide adequate family support could face severe consequences, also including the potential for a court martial. Soldiers’ pay can be taken from them and paid directly to the service member’s spouses during some family law cases. In long-term marriages, military pension or retirement benefits may also come into play during divorce proceedings.

Family law issues are hotly contested because of the high emotions involved. Because of the complexities involved, it is especially necessary to retain professional legal counsel during a military divorce.

What Laws Are Unique to Military Divorces?

Certain laws have been implemented to protect service members and their spouses. These laws were designed to protect both parties during a divorce case.

The Servicemembers’ Civil Relief Act prevents divorce proceedings from advancing while service members are deployed or under assignment for military duty. Under the act, a military service member can put a divorce on hold. The extent to which the divorce can be delayed will depend on various circumstances, including the service member’s duty assignment.

The Uniformed Services Former Spouses Protection Act allows states to provide military retirement pay directly to the former spouse. The service member or the defense finance and accounting service will pay the former spouse directly. Sometimes, the former spouse may also obtain medical care and other military benefits.

What Benefits Do Military Spouses Have in Divorce Proceedings?

Military benefits are an important factor in many military divorces. While military service members are typically not paid as well as those in private sector jobs, the benefits can be noteworthy. During a divorce case, a civilian spouse could be on the hook for a lot of money if they are forced to move out of on-base housing, start funding their own retirement, or pay for lower-quality healthcare.

In some divorce cases, the civilian spouse may continue to receive all these benefits plus a portion of their ex’s retirement benefits. To receive all of these benefits, the marriage must have lasted at least 20 years, the service member must have served in the military for at least 20 years before divorcing, and there must be at least 20 years of overlap between the marriage and the aforementioned military service. This is known as the 20/20/20 rule. It must also be noted that if the civilian spouse remarries, they will lose all these benefits.

Who Has Jurisdiction Over Military Divorces in Alabama?

The question of federal and state jurisdiction is at the heart of many military divorces. Federal laws determine how military pensions and benefits are divided between military and civilian spouses after a divorce.

However, Alabama’s state laws govern the legal process of filing for divorce. Because of this, divorce attorneys in a military divorce must understand the nuances of where federal authority ends and state law begins.

Does Location Matter in a Military Divorce?

In a civilian divorce, you file for divorce where you live if you meet the state’s residency requirements. However, meeting the residency requirements for military divorces in any state may be impossible. This could be because one spouse could be regularly deployed or serving on another base.

Under the Servicemembers’ Civil Relief Act, military service members deployed elsewhere or serving on other bases are considered legal residents of the state in which they vote and pay taxes. This applies even if they live in an entirely different state from where their civilian spouse lives.

In situations where the spouses live in two different states, it is necessary to understand how assets and debts are divided in divorce proceedings. In some cases, it may depend on who files for divorce.

How Are Assets Divided in Military Divorces?

Alabama law governs how property division transpires in a divorce. We are an equitable distribution state, meaning that the presiding family law judge will divide marital assets in a way they deem fair but not necessarily equal. Pensions and other military benefits are considered marital property in a military divorce and may be included in the equitable distribution settlement.

The Uniformed Services Former Spouses Protection Act establishes how retirement benefits for military members should be divided in a divorce case. The former spouse will typically only receive a part of the service member’s retirement benefits if the marriage lasted a decade or longer while the service member was on active duty.

Schedule a Free Consultation with Our Experienced Family Law Attorneys Today

Suppose you are going through a divorce, whether it is a military divorce or a civilian divorce. In that case, we must encourage you to retain the professional legal counsel of an experienced divorce attorney. Our law firm has extensive experience representing a variety of family law cases, including military divorce cases. We understand the emotional and legal complexities that make military divorces different from other divorces. We will be by your side throughout the legal process as you seek the most optimal outcome for your divorce case.

To learn more about our legal services and how we may assist you during this difficult time, please contact our Alabama law firm to schedule your free case evaluation with our legal team today. You can reach us at 205-858-9224.