What happens if you get divorced while in the military?

Generally, the military views divorce as a private civil matter to be addressed by a civilian court. However, military spouses have access to free military legal assistance services through installation legal assistance offices.

Can I keep my military benefits after divorce?

For every other military spouse divorcee, there simply are no military benefits after divorce. Your benefits end the day your divorce is final. However, if you have children together, they will still qualify for military benefits, even if you haven’t been married more than 20 years and even if you remarry.

Can soldiers get divorced while deployed?

Being Served with Divorce Papers While Deployed Military members are protected by a law known as the Servicemembers Civil Relief Act (SRCA). This law protects them from dealing with a divorce while they are deployed.

What is the divorce rate for military?

The overall divorce rate is also higher for enlisted troops, at 3.5%, compared to the divorce rate for officers, at 1.7%, regardless of gender. Across the services, the highest overall rate among both males and females, officer and enlisted, is tied between the Air Force and the Marine Corps at 3.3%.

How does being in the military affect your divorce?

If you are in the military or a military spouse, there are some additional factors that can affect your divorce. For instance, the process may take longer if one of you is on active duty in a remote area or have a permanent station overseas.

Can a military spouse file for divorce while living abroad?

This state retains the power to divide the military pension. Some things to consider when filing for divorce while living overseas include: Talk with a civilian attorney or the military legal assistance office if you own property overseas, such as a house.

What happens to a former spouse in the military?

An un-remarried former spouse may receive medical, commissary, exchange and theater privileges under the Morale, Welfare and Recreation program if he or she meets the requirements of what is known as 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.

Can a military spouse see a military lawyer?

Depending on the service branch, the other married individual can see another attorney in the same or different location. Legal assistance attorneys do not represent clients in court. The Servicemembers Civil Relief Act helps protect service members’ legal rights when they are on active duty.

How many years do you have to be in the military to get a divorce?

So if you are close to 10 years, the parties in a family law action might want to consider stretching out the final divorce date/legal separation date, in order to meet the 10/10 rule. If the service member is ‘active duty’ (the military is their ‘full time’ job), the 10 years is 10 actual years of military service.

What are my rights as a military spouse?

Your rights as a divorced military spouse Generally, the military views divorce as a private civil matter to be addressed by a civilian court. However, military spouses have access to free military legal assistance services through installation legal assistance offices.