How Does Military Service Impact Divorce Proceedings?
Jan. 15, 2025
Making your way through the legal proceedings of divorce can be challenging under any circumstances, but when one or both spouses are serving in the military, the process becomes even more intricate. Military service impacts nearly every aspect of divorce proceedings, from jurisdiction to the division of assets, child custody, and support obligations.
Fortunately, you don’t need to go through this process alone. Douglas A. Ball Attorney at Law is here to help you through proceedings of a military divorce in Batavia, Ohio, and Clermont, Hamilton, Brown, and Warren Counties. He can help you understand how military service influences divorce proceedings, with a particular focus on the unique legal and logistical factors that arise in Ohio.
Exploring Jurisdiction in Military Divorces
One of the first challenges in a military divorce is determining where to file. For civilian couples, jurisdiction is usually straightforward, based on residency requirements. However, military families often relocate due to duty assignments, complicating jurisdiction.
In Ohio, a divorce can generally be filed if at least one spouse has been a resident of the state for at least six months. For service members, residency may include their home state or where they’re currently stationed.
The Servicemembers Civil Relief Act (SCRA) offers additional protections by allowing military personnel to postpone civil proceedings while on active duty. This means the timing and location of filing are critical considerations in a military divorce.
It’s also important to note that military families often maintain ties to multiple states due to frequent relocations. This can create confusion about which state’s laws apply to their divorce. For example, a couple may have married in one state, lived in another for several years, and currently reside in Ohio.
In such cases, consulting a family law attorney with experience in military divorces is essential to avoid jurisdictional conflicts.
Division of Military Benefits
Military service comes with unique financial benefits that can complicate property division in a divorce. Key considerations include:
Military pensions: The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as marital property. The “10/10 rule” under USFSPA specifies that if a couple was married for at least 10 years overlapping with 10 years of military service, the former spouse can receive their share of the pension directly.
Thrift Savings Plan (TSP): Similar to civilian retirement accounts, a TSP can be divided in a divorce. Courts will issue a Qualified Domestic Relations Order (QDRO) to allocate a portion of the TSP to the non-military spouse. It’s important to account for taxes and penalties when dividing a TSP, as improper handling can lead to financial loss for both parties.
Disability benefits: Military disability benefits are not subject to division as marital property under federal law. However, they can impact spousal or child support calculations. For example, if a service member waives a portion of their retirement pay in exchange for disability benefits, the court may consider the disability income when determining support obligations.
Survivor Benefit Plan (SBP): The SBP provides ongoing income to a designated beneficiary after the service member’s death. In a divorce, former spouses may negotiate SBP coverage as part of the settlement. This allows for financial security for the non-military spouse in the event of the service member’s passing.
Child Custody and Parenting Time
Child custody disputes in military divorces often involve unique challenges due to deployments and relocations. Ohio courts prioritize the best interests of the child when determining custody arrangements, which can include:
Parenting plans: Military families may need specialized parenting plans that account for the service member’s unpredictable schedule. For example, provisions can include makeup parenting time if one parent’s visitation is disrupted by deployment. These plans may also address communication methods, such as video calls, to maintain the parent-child relationship during absences.
Temporary custody orders: Courts may grant temporary custody to the non-military parent during deployments. Upon the service member’s return, custody arrangements may need to be reassessed. This allows the child’s stability to be prioritized while accommodating the service member’s unique circumstances.
Relocation issues: If a service member is reassigned to a new duty station, this can complicate existing custody arrangements. Ohio courts generally require a parent seeking relocation to provide notice and may require a modification of the custody agreement.
Military-specific protections: The Servicemembers Civil Relief Act offers protections for deployed parents, including restrictions on permanent custody orders during active-duty service. This makes sure that service members are not unfairly disadvantaged in custody disputes due to their military obligations.
Spousal and Child Support Obligations
Military service impacts spousal and child support in several ways. Courts in Ohio calculate support obligations based on the income of both parties. For service members, this includes:
Basic pay: Regular income from military service is considered when calculating support. This is typically reflected in the service member’s Leave and Earnings Statement (LES), which provides a detailed breakdown of their pay.
Allowances: Military personnel often receive allowances, such as Basic Allowance for Housing (BAH) or Basic Allowance for Subsistence (BAS), which are also factored into support calculations. These allowances can significantly increase a service member’s income, impacting the amount of support awarded.
Enforcement of support orders: Military regulations mandate compliance with support obligations. Failure to pay can lead to penalties, including garnishment of wages, loss of security clearance, or disciplinary action under the Uniform Code of Military Justice (UCMJ). Ohio courts may also collaborate with military officials to facilitate compliance.
The Impact of Deployment on Proceedings
Active-duty service members often face logistical hurdles in divorce proceedings, especially during deployment. The SCRA allows for the temporary suspension of court actions to make sure service members can adequately represent themselves. However, this protection isn’t automatic and requires a formal request to the court.
Additionally, technology like video conferencing can help deployed service members stay involved in proceedings. However, the court’s willingness to accommodate remote participation may vary. It’s advisable to work with an attorney who can facilitate communication and allow the service member’s rights to be protected throughout the process.
Deployments can also delay the resolution of critical issues, such as property division and custody arrangements. To minimize disruptions, couples may consider negotiating temporary agreements before deployment. These agreements can outline how financial responsibilities and parenting time will be managed until the service member returns.
Unique Considerations for Ohio Military Divorces
Ohio offers specific resources and legal provisions to assist military families going through divorce:
Veteran-friendly courts: Some counties in Ohio have veteran-focused resources to address issues like PTSD or other service-related challenges that may impact divorce. These courts often provide access to counseling and support services tailored to the needs of military families.
Support networks: Organizations like the Ohio National Guard Family Readiness Program provide resources for military spouses and families going through transitions, including divorce. These programs can offer financial assistance, counseling, and educational resources to help families adapt to new circumstances.
Legal aid: Service members and their spouses may qualify for free or low-cost legal assistance through military legal aid offices or local veterans’ organizations. These resources can help with drafting agreements, filing paperwork, and understanding the legal implications of divorce.
Tips for Military Couples Considering Divorce
Understand your rights and obligations: Military divorces involve federal and state laws. Consulting an experienced family law attorney familiar with military cases is essential. An attorney can help you with the details of jurisdiction, benefit division, and custody arrangements.
Gather documentation: Collect all financial, housing, and military records early in the process. This includes LES statements, pension details, and deployment schedules. Comprehensive documentation allows for all aspects of the divorce to be addressed fairly.
Plan for the future: Anticipate the impact of deployments, relocations, and other military obligations on your family’s needs. Consider how changes in circumstances may affect parenting time, financial responsibilities, and living arrangements.
Seek mediation: Mediation can help resolve disputes amicably, reducing the stress and cost of litigation. Mediation is particularly beneficial for military families, as it allows for customized solutions that accommodate the unique challenges of military life.
Stay informed: Laws and regulations affecting military divorces can change. Staying informed about your rights and responsibilities allows you to be prepared for any developments that may impact your case.
Reach Out to Douglas A. Ball Attorney at Law for Help With Your Military Divorce
Military service significantly impacts divorce proceedings, introducing unique challenges and considerations. From determining jurisdiction to addressing the division of military benefits and understanding child custody, military families require professional assistance to protect their rights and interests. Seek guidance from Douglas A. Ball Attorney at Law in Batavia, Ohio, and get started with a consultation about your military divorce.