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Explaining myths surrounding military divorce

by | Mar 15, 2018 | Firm News, Military Divorce |

There are various differences between living a civilian life and living a military life. One of those differences does not have to do with divorce. Many people have misconceptions about what it is like to get divorced and be in the military. Many people believe the myths that are out there about the military and divorce. Today, we will take a look at those myths and sort them out as best we can.

A common myth is that if a military couple has been married for 10 or more years, the other spouse gets half of the military member’s retirement savings. This is not true in the least bit. There is no marriage limit for this. The courts still view the property as marital property, which means they will determine how it all is divided.

Spousal or child support is also very similar to civilian divorce. There are no definitive laws on the books regarding support for military personnel. They still have to follow any court orders issued. If a military member is not providing the support they are required to provide and a family member complains, the commander is to follow the Army regulation known as “Family Support, Child Custody, and Paternity.”

Many military members and spouses believe that there are regulations in place that say the Army is allowed to dictate an agreement for a separation or a divorce. The regulations in place are only there to help guide the commander presiding over the divorce in helping to draft the agreement.

If you are in the military and are contemplating divorce you should know that it isn’t much different from getting a divorce as a civilian. It is actually quite similar. It is one of the more common similarities between civilian life and military life.

Source: Ft. Leavenworth Lamp, “Sorting myth from facts about military divorce,” Capt. Hyun Muñiz, March 08, 2018