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How does a military divorce differ from the standard divorce process?

On Behalf of | Aug 2, 2022 | Military Divorce

Committing to military service will mean a lot of personal sacrifices, as well as a lot of strain on your family relationships. Sometimes, those who serve in the military will go through a divorce during their service.

There are a lot of myths about the military justice system, and many servicemembers have heard inaccurate information about what happens if they divorce while enlisted. How is a military divorce different than the standard civilian divorce in Georgia?

The end of a marriage may affect your pay

Any couple pursuing divorce will have to divide their property unless they have a marital agreement already in place. It can be difficult for people to adjust to losing half of their retirement savings or some of their home equity.

Military service members don’t just need to divide their property. They will have to notify their chain of command about their divorce and update the support plan for their family. What they receive in benefits like cost-of-living allowances may change when their marital status in custody arrangements change.

Benefits and pensions can complicate the divorce

Any divorcing couple will need to sort out how they handle retirement savings and whether one spouse will continue to provide insurance coverage for the other or the children. There can be additional rules and challenges involved when it is a military pension or military benefits, like base benefits, that the couple must discuss.

There are certain military rules, like the 10/10 rule for military pensions, that govern the distribution of certain benefits. While those rules don’t supersede state law regarding property division, they can add another layer of complexity to your divorce litigation or negotiations.

Accusations can have bigger consequences

It is common for divorcing spouses to accuse one another of misconduct in their divorce proceedings. Military servicemembers may have to worry that allegations of infidelity, for example, might result in professional discipline.

Some military service members facing divorce will determine that working out a negotiation with their spouse outside of court will be a better solution than litigating. Others will have to turn to the courts for support and protection at the end of their marriage. Whichever approach you employ, understanding how divorce proceedings are different when there is a military service member involved will help you plan to secure the best possible outcome.