A military divorce can be a lot more complicated than a civilian divorce. Among the numerous issues are domicile, residence, faux residence statutes, and if there are children involved, the Uniform Child Custody Jurisdiction and Enforcement Act, which deals with parenting time, and the Uniform Interstate Family Support Act, which deals with child support enforcement.
Military Pension division is another issue that is determined by the domicile or residence of the Service Member.
Military Entitlements – Most of the time the non-military spouse loses her/his military ID card, TRICARE coverage, commissary privileges, and right to free legal services through the JAG office.
Pension and Property Division
Military Retirement Benefits
- Military Benefits include military pension (defined benefit plan), TSP, medical care and commissary privileges. A military pension is determined based upon the service member’s status, when she entered the service, years of service, and other factors like if she served in the active or reserve component.
- The Uniformed Services Former Spouses’ Protection Act
- Since 1983, enables State Courts to divide military pay incident to divorce. Before 1983, State Courts didn’t have this power. This law, however, does not dictate to State Court how to divide property incident to divorce. This is determined by state law.
- This may allow direct payment to a spouse based upon the 10 year overlap rule.