How does military divorce work?

Posted by Adrian S. Doty, Esq. | Mar 17, 2022 | 0 Comments

Being married to someone in the military has unique factors that can make it more challenging than civilian marriages. For example, they may be away for long, undefined periods. Laying down roots can be harder because the whole family might be required to move in the future.

So, it is no surprise that military divorces also have unique challenges on top of all the divorce challenges civilians need to face.

Sharing custody can be harder

Civilian couples that share children can both choose to remain in the area after their divorce for the benefit of the kids. It makes it simpler for the child to see them both regularly and for the child to stay in the same school.

A member of the armed forces does not always have that luxury. If their unit moves, they will need to move, even if it is far away from the child. Hence parents need to come up with other ways for children and parents to keep in touch.

The non-military spouse stands to lose significant benefits

TRICARE is a massive bonus for anyone married to a serviceman or woman. Replacing it with another health insurance can be costly, especially if you have a pre-existing condition that insurers do not want to cover. 

Unless you have been married for at least 20 years to someone who was in the military for at least 20 years of which 20 years coincided with your marriage then you will lose your entitlement. Some spouses get to keep it for one year, but they too lose it eventually.

There are just two unique things to consider if divorcing a military member. Finding out more will be crucial to making the best choices for your future.

About the Author

Adrian S. Doty, Esq.

Adrian Doty is a Senior Associate Attorney at Sunnen Law. Mr. Doty began his legal career working as a civil litigation attorney in Los Angeles before moving to the Bay Area in 2014 where he gained complex civil and family law litigation experience working for one of the largest family law firms.He has experience with a variety of complex Family Law matters, including complex and high-net-worth case matters custody and visitation disputes, contempt and post-judgment enforcement, military-family law issues, and domestic violence restraining orders. Mr. Doty understands how emotionally difficult family law matters can be, which is why he is dedicated to the efficient management of his client's cases. While he always works to achieve settlements through negotiation when possible, he aggressively litigates to protect his clients' interests when necessary. 


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