How Does A Military Divorce Work?
A military divorce involves the same basic legal steps as any other divorce, but it also includes special rules and benefits that can deeply affect asset division, support, and custody issues. If you or your spouse has served in the armed forces and you’re considering a divorce, whether in Cherry Hill or elsewhere in New Jersey, it’s important to understand the nuances that set military cases apart.
Military Divorce Basics
In Cherry Hill, a military divorce starts like any other: one spouse files a complaint for divorce, and the court must have jurisdiction over the parties. For service members, jurisdiction isn’t always obvious if they are stationed away from their legal residence. Still, New Jersey courts can hear your case if the service member:
- Lives in the state for reasons other than military assignment,
- Has domicile (legal residence) in the state, or
- Consents to the court’s jurisdiction.
Once the court has jurisdiction, it can address all standard divorce issues: property division, child custody, support, and spousal support.
Dividing Military Pensions and Benefits in Cherry Hill
One of the biggest differences in a military divorce is how the military pension and other benefits are treated. Under federal law, the Uniformed Services Former Spouses’ Protection Act (USFSPA), New Jersey courts are allowed to treat a service member’s retired pay as marital property subject to division.
Here’s how it works:
- A military pension is marital property and can be divided regardless of how long the marriage lasted.
- A former spouse can receive direct payments of pension benefits from the Defense Finance and Accounting Service (DFAS) if the couple was married for at least 10 years that overlapped 10 years of military service, often called the 10/10 rule.
- Even if the 10/10 rule isn’t met, a portion can still be awarded, the payments may just have to come from the service member rather than directly from DFAS.
Other benefits, like TRICARE or commissary and exchange privileges, may be continued for a former spouse under the 20/20/20 rule (20 years of marriage, 20 years of service, and 20 years of overlap).
Custody, Support, and Deployment Challenges in Cherry Hill
Military families often move frequently and may face deployments, which can complicate child custody and parenting time schedules. Custody decisions will always focus on the best interests of the child, but courts may allow flexibility to accommodate a service member’s duties.
Child and spousal support in military divorces generally reflect total military compensation, including base pay, BAH, and special pays, to ensure accurate calculations.
Servicemembers’ Civil Relief Act (SCRA) Protections
Active duty service members have additional protections under the Servicemembers Civil Relief Act (SCRA), which can delay proceedings if the member cannot adequately defend themselves due to military obligations.
Get Help With Your Cherry Hill Military Divorce
Military divorces carry unique legal and financial considerations, from pensions and benefits to custody during deployment. At Fiore Law Group, our Cherry Hill family law attorneys understand these complexities and are ready to help you protect your rights and interests every step of the way. Contact us today to schedule a case evaluation and get experienced guidance tailored to your military divorce needs.