Military life can take a toll on the family thanks to the stress and uncertainty that comes with each deployment and even the effects that war and active duty can have on a soldier. This can sometimes result in divorce which brings with it,  more complications as military divorce has a number of other unique issues that aren’t present in civilian divorce proceedings. With additional legal issues and active duty to contend with, military divorce can sometimes get complicated. Various factors will come into consideration in a military divorce to ensure a fair process and outcome for both parties such as those listed below.

Residency and Jurisdictional Issues

Where you file for divorce will be important since it can affect how the military pension is divided. The Uniformed Services Former Spouses’ Protection Act, a federal that governs how military pensions are divided, states that the state of residence of the military member has the authority to divide military pension during a divorce. Other states also have laws that may affect the division of a military pension. Before you go ahead and file for divorce you should sit down with your military divorce attorney and understand the laws of the state you are filing your divorce in.

Division of Pension

In a military divorce, the division of pension is one of the most complicated issues. Couples that have been married less than 10 years may have more of an issue as they are not covered by the Defense Finance Accounting Service (DFAS). However, a court can still rule to give a non-military spouse a share of the military pension that they consider fair. In a situation where DFAS applies, your pension share will be paid directly to you after submitting a court order and the right paperwork to DFAS.

Health Care Coverage and Division of other Benefits

After the divorce, you can still get health care coverage under TRICARE if you have been married for 20 years during the military member’s active service. However, if you remarry before 55 you will lose the coverage permanently. If you are not eligible for TRICARE you can be eligible for Continued Health Care Benefit Program by buying conversion health coverage. Other benefits such as Thrift Savings Plan and Survivor Benefit Plan may also be available.

Conclusion

Military divorce in Virginia and other states has several unique issues that you should be wary of. To have an easy time filing for it, you should work closely with a reputable divorce lawyer.