Military Divorce is Not as Complicated as Perceived

It usually is no more complicated than any other divorce, particularly if both spouses are in the United States.

The pain and suffering of a divorce in the military are no different than those in civilian life. Let’s say a women and her military spouse have separated, and she wants to divorce him. He says that it wouldn’t be fair to divorce him now, while he’s serving the nation, and wants to know why they can’t just stay separated. In short, he does not want the divorce; she does. In this sense, the divorce is no different than any divorce where one spouse wants out and the other does not.

The argument that it wouldn’t be fair to divorce him while he is in uniform doesn’t stand up. It is no more unfair to divorce someone in the military than it is unfair to divorce someone who is not. When one spouse wants to end a marriage and the other does not, in military or civilian life, fairness means very little.



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Suggested Reading
Divorce & the Military II Divorce & the Military II
DIVORCE AND THE MILITARY II is the newly published comprehensive guide for military members (active duty, reserve/guard, and retired), spouses, and their attorneys, on the Uniformed Services Former SpousesŐ Protection Act (USFSPA). The USFSPA is the federal law that permits the award of military retired pay in a divorce.

Author: Marsha L. Thole and Frank W. Ault


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DIFFERENT RULES – A military divorce has its own rules regarding division of military pensions, residency requirements for filing for divorce, and certain legal protections for the military member and emergency court orders pertaining to child support.
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Featured Book Divorce & the Military II

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Featured Download A Guide to Child Support Enforcement Against Military Personnel

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