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4 extra challenges for military divorces

On Behalf of | Jan 25, 2024 | Family Law |

Any divorce is a challenging process. When it involves military personnel, additional complexities arise.

Understanding these nuances is important for those facing the intricacies of a military divorce.

1. Deployment and custody matters

When deployed, custody matters can become intricate for military personnel. Frequent relocations and unpredictable deployments can disrupt established parenting plans. This can be challenging for both parents and children. Maintaining stability becomes a concern as custody arrangements may need modification due to the military member’s schedule.

2. Division of military benefits

In a military divorce, the division of benefits can be a labyrinth. The Uniformed Services Former Spouses’ Protection Act governs this division, but understanding the complexities of military retirement benefits, health care and other allowances is necessary. Washington has specific rules regarding the equitable distribution of marital property. Ensuring a fair distribution of military benefits requires a deep understanding of both state and federal laws.

3. Jurisdiction challenges

Determining jurisdiction can be an added layer of complexity. Military members may have residency in a different state or country, making it challenging to establish where the divorce proceedings should take place. Washington law provides guidelines for jurisdiction, but coordinating between military and civilian legal systems can be intricate.

4. Unique support obligations

Military members may face distinctive financial challenges, such as deployment-related expenses or the need to comply with military support obligations. Understanding how these factors impact spousal and child support matters is a must. Washington laws mandate the establishment of support obligations based on the financial circumstances of both parties.

In 2022, 63,767 active military members fell into the divorced category. Although a military divorce has added challenges, planning and transparency can help ease the process.

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