Navigating Divorce

Ending a marriage is never easy — legally, financially or emotionally. No matter where you are in the process, you are not alone. Here are resources and information that may be helpful as you navigate the journey ahead.

Getting divorced in the military differs from civilian divorce. There are certain rights and protections that provide support and help you and your spouse through the process, such as free legal assistance and protections under the Servicemembers Civil Relief Act.

Free legal assistance

Military lawyers, called judge advocate general officers, can help service members and spouses understand the legal implications of a divorce. Since divorce is governed by state law, JAGs cannot represent you in court, but can provide guidance on issues including:

• Mediation
• Child custody
• Income tax considerations
• Wills
• Benefits

Find your local JAG.

Servicemembers Civil Relief Act

Under the Servicemembers Civil Relief Act, service members have protections when it comes to legal and financial aspects of a divorce. They include:

• Deployment during divorce filing: If you receive divorce papers while deployed, you can request a delay in proceedings until you return.
• Custody while on active duty: Service members cannot be penalized if duty interferes with court proceedings and visitation.
• Financial relief during separation: Service members can request an interest-rate cap — up to 6% — on financial responsibilities before entering active duty, like loans, car payments or credit cards.

A divorce will affect some of the benefits you receive through the military, though certain laws exist to offer protection and support as you move forward.

Uniformed Services Former Spouse Protection Act

Under the USFSPA, former spouses who do not remarry may receive medical, commissary, exchange and other benefits. It allows:

• State courts to divide disposable military retired pay between the service member and spouse
• Former spouses to receive a portion of retired pay directly from the government in some circumstances
• Some former spouses access to health care at military treatment facilities
• Some former spouses access to military exchanges and commissaries
• Benefits to some victims of spousal or child abuse

In order to keep most benefits as a divorced spouse, you must meet the requirements of the 20/20/20 rule:

• The former spouse was married to the military member for at least 20 years at the time of the divorce, dissolution or annulment.
• The military member has performed at least 20 years of service that is creditable in determining eligibility for retirement pay (the member does not have to be retired from active duty).
• The former spouse was married to the member for at least 20 years of the member’s retirement-creditable service.

Benefit changes

You may see changes to your benefits. Learn what to expect as you navigate divorce as a military spouse.

Ending a relationship is never easy. Here are tips to help you navigate the grief process and come out stronger.

Divorce can be complicated — especially when there are children involved. Here are some tips for navigating this emotional time as a family.

No matter where you are in your divorce, it can be an emotional and challenging time. You are not alone, and you’ve got options for support:

• Get legal assistance and advice from a consultant.
• Find a financial counselor to assist you in getting money matters in order.
• Connect with a confidential counselor to talk things out, process emotions and combat stress.

Don’t know where to start? Log in to start a live, secure chat with a Military OneSource consultant who can help you find what will work best for you. You can also call us at 800-342-9647.

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