Surviving Military Divorce: 4 Important Things You Should Know

How Are Military Benefits Divided?

The courts may also split military benefits. It’s one of the services available to the spouse of military personnel. The USFSPA (Uniformed Services Former Spouse Protection Act) is a federal law that guarantees a number of advantages to both married and unmarried military dependents. It includes healthcare, commissaries, and exchanges, in addition to other benefits. Military employees and veterans who have been employed by the armed forces offer retirement benefits to their ex-spouses.

In divorce cases, military pensions are considered assets. The court must have jurisdiction over the military person, either by consent or by the person’s residency, in order to divide the pension. However, the court may infer consent, and this may be inferred from the military person’s involvement in the case.

Veterans Affairs Disability Benefits Are Exempt

While divorcing partners have an opportunity to access a service person’s military pension, the same is not true with regard to VA disability benefits. VA disability benefits aren’t considered an asset during divorce proceedings. They’re legally looked upon as being different from retirement benefits, meaning that spouses have no right to them. But this doesn’t mean VA disability benefits aren’t part of the conversation during a divorce. The reason for this is that they form an important part of any discussions that concern child support. This is because they represent a replacement of salary for military personnel whose ability to work has been impacted. What this means is that the courts will use VA disability benefits to help determine if you’re able to support your children financially, something that will influence their custodial arrangements.

Active Servers Can Get Custody

Military personnel are often concerned that the nature of their job will prevent them from getting custody of their children. This isn’t true, active servers have an equal opportunity to gain custody of their kids. However, their position in the military may affect how custody is arranged as they can’t always be present. It’s critical to have a Family Care Plan in place in case of divorce. A Family Care Plan describes how the children will be cared for once a divorce is finalized, noting who will have custody and how the children will be cared for when their custodian is unable to care for them.