Understanding Military Divorce

 

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​Military Divorce in Alabama: What You Need to Know

 

​​Military divorces involve unique legal and procedural challenges that differ from civilian divorces. Service members and their spouses must navigate federal laws, military regulations, and Alabama state laws when dissolving their marriage. Understanding these complexities is essential for protecting your rights and ensuring a smooth process.

 

Key Differences in Military Divorce

A military divorce differs from a standard divorce in several ways:

 

• Jurisdiction & Filing – Determining where to file can be complex due to frequent relocations and deployments.

• Servicemembers Civil Relief Act (SCRA) – Provides protections that may delay divorce proceedings if one spouse is on active duty.

• Division of Military Benefits – Retirement pay, healthcare, and survivor benefits may be subject to division.

• Child Custody & Support – Deployment and relocations can impact custody arrangements and support obligations.

 

 

Where to File for a Military Divorce in Alabama

A military divorce can typically be filed in:

 

1. The state where the service member is stationed.

2. The state where the service member claims legal residency.

3. The state where the non-military spouse resides.

 

In Alabama, either spouse must meet the state residency requirement of living in Alabama for at least six months before filing.

 

Division of Military Benefits in Divorce

 

• Military Retirement Pay

• Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Alabama courts may divide military retirement pay.

• The 10/10 Rule applies if the couple was married for at least 10 years while the service member was on active duty, allowing the non-military spouse to receive payments directly from the Defense Finance and Accounting Service (DFAS).

• Thrift Savings Plan (TSP) & Other Assets

• Military members may have a Thrift Savings Plan (TSP), which can be divided like a civilian 401(k).

• Courts may also divide pensions, savings accounts, and property.

• Healthcare & Other Benefits

 

Under the 20/20/20 Rule, a non-military spouse may retain full military benefits (including TRICARE) if:

• The marriage lasted 20+ years.

• The service member had at least 20 years of service.

• The marriage and service overlapped for at least 20 years.

• The 20/20/15 Rule provides one year of TRICARE benefits if the overlap was at least 15 years.

 

 

Child Custody & Support in Military Divorce

 

• Military divorces must account for frequent relocations and deployments, making child custody agreements more complex. Courts consider:

• Best interests of the child when deciding custody arrangements.

• Family Care Plans, required for service members with dependents, which outline custody arrangements during deployments.

• Child Support & Spousal Support, which follow Alabama guidelines but may be influenced by military pay structures, including Basic Allowance for Housing (BAH).

 

Protections Under the Servicemembers Civil Relief Act (SCRA)

 

• The SCRA provides active-duty service members with legal protections, including:

• The right to postpone divorce proceedings while deployed.

• Protections against default judgments if the service member is unable to appear in court.

• Limits on enforcement of court orders regarding child support and property division

 

Seek Legal Guidance for Your Military Divorce

 

Military divorces require an attorney with experience navigating both state and federal laws. Whether you are a service member or a military spouse, understanding your rights is essential for a fair outcome.

 

Michael Capleone, a Hoover, Alabama Divorce & Family Law Attorney, has the experience to handle military divorce cases. Contact me today for a consultation to protect your interests.