Understanding Military Divorce Laws: How They Differ from Civilian Divorce

If you or your spouse is in the military, a divorce may be different than if you were both civilians. The military divorce laws in the United States are very specific, and if you don't understand how it works, you might find a few surprises along the way. Read on to learn more about military divorce, and how it differs from civilian divorce.

Choice of States

With a civilian divorce, the couple must file in the state in which they both reside, but military divorce laws are different. In this case, you have your choice of three locations: the state where the civilian spouse lives, the state where the military spouse is stationed, or the state where the military spouse is legally in residence. In most cases, the one you choose will be the state that is most monetarily beneficial.

Calculating Child Support

Contrary to popular opinion, military divorce laws do allow for child support, even when the person paying is the spouse who is in service. Child support payments are calculated based on the military spouse's Leave and Earnings statement, which must be supplied to the courts during the divorce proceedings. The civilian spouse will submit his or her earnings through W-2s or pay stubs as usual.

You should also know that individual branches of the military have set guidelines for determining the amount to pay for child and spousal support. For example, while the Air Force defers to the courts of the state in which military divorce is filed, the Navy has a specific pay scale that applies to all enlisted men and women.

Retired Military Personnel

If you are retired from the military and are seeking a divorce, you may have to submit any retirement benefits or Veteran's Disability pay in addition to your pension and other income. This may factor in to the amount of child and spousal support you pay, but the laws vary depending on where you live and the branch of military in which you served. Talk to an experienced attorney to learn what laws apply in your case.

Active Duty in War Zones