How is a Military Divorce Different Compared to a “Normal” Divorce?

How is a Military Divorce Different Compared to a “Normal” Divorce?

How is a Military Divorce Different Compared to a “Normal” Divorce?

Getting married in the military is unique for a number of reasons. For many spouses, military life is an acceptable part of their marriage. However, when these couples get a divorce, they may encounter a number of additional issues that can be problematic. So how exactly is a military divorce different from a civilian divorce?

If you are dealing with these kinds of issues in New Jersey, it is probably a good idea to get help from a qualified, experienced divorce attorney. Choose an experienced attorney, and you can work with a legal professional who has dealt with countless divorces in the past, including those that involve military service members.

Location, Location, Location

 Many military service members do not stay in one location for too long. Former spouses in the military may have traveled across the world over the course of their marriage. Perhaps you even got married in another country. If this is the case, there may be additional issues with your divorce that you need to consider.

In order to file for divorce in New Jersey, you need to have lived in the state for 12 consecutive months. In addition, you and your spouse must have experienced irreconcilable differences for at least six months. This can make divorce challenging if you are constantly moving from one place to another as a result of your military assignments.

How is a Military Divorce Different Compared to a “Normal” Divorce?
How is a Military Divorce Different Compared to a “Normal” Divorce?

The Service Members Civil Relief Act

Also known simply as the SCRA, the Service Members Civil Relief Act allows service members to delay court proceedings that might impact relationships with their children. This obviously includes a child custody battle. This can have a notable effect on your divorce, depending on whether you are an active service member or you are simply married to one.

Military Benefits

There are a wide range of benefits that are unique to military service members, and you may be wondering how these are handled when you divorce. Here is a basic rundown:

  • TRICARE: This is a health care program specifically for service members, retirees, and their families. All beneficiaries receive comprehensive coverage. As long as the non-military spouse has been in the marriage for at least 20 years, they can continue to receive coverage under TRICARE at no cost.
  • Survivor Benefit Plan: When service members retire, they can purchase a death benefit called the Survivor Benefit Plan, or SBP. This allows beneficiaries to continue to receive pension payments after the service member passes away. Only one beneficiary can be covered, so a former spouse will likely lose these benefits when the military spouse remarries.
  • Military Pensions: While dealing with military pensions in a divorce is complicated, the non-military spouse can receive a portion of the pension payments after a divorce. The chances of receiving these payments are much higher if you have been married for more than 10 years.

Enlist the Help of a Qualified Attorney Today 

It is important to understand the unique challenges associated with a military divorce. One of the best ways to establish a clear picture of the various issues is to enlist the help of a qualified, experienced personal injury attorney at your earliest convenience. If you have been searching experienced alimony attorney in New Jersey, look no further than Giro, LLP, Attorneys at Law. We can help you approach this situation in an efficient manner, so reach out today and book your consultation.


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