What Does a Military Wife Get in Divorce?
Navigating divorce can be difficult for any spouse, but military wives face some additional challenges compared with civilian divorces.
Ohio law and federal military regulations both affect what a military spouse may receive in a divorce. In this article, we will clarify what a military wife (or non-military spouse) can expect regarding property division, benefits, and support, as well as how military service affects jurisdiction and matters involving child custody and parenting.
Given the numerous potential complications of divorce for military spouses, it is advisable to consult a military divorce lawyer in Columbus, OH, early in the proceedings. Every case is different, and there is no substitute for personalized legal advice from experienced family law attorneys.
How Does a Military Divorce Differ from a Civilian Divorce?
Even the most straightforward, uncontested divorces in Ohio generally involve some negotiation between spouses and court involvement to issue the final divorce decree.
With military divorces, additional legal and practical considerations can affect nearly every aspect of the process, from jurisdiction to key financial and parenting matters.
The first challenge is often where to file for a military divorce. Members of the military may be stationed in states other than their permanent home state or move to different locations due to assignments. Consequently, they often have ties to multiple states and may be unclear about which state’s laws apply to the divorce.
In Ohio, anyone filing for divorce must have been a resident of the state for at least six months before filing. Military personnel stationed in Ohio or with a domicile (permanent residence) in the state may file for divorce in Ohio.
Determining the proper jurisdiction and understanding which laws apply can be challenging. A military divorce attorney can help military families evaluate their options and avoid costly mistakes early in the process.
How Does the Servicemembers Civil Relief Act (SCRA) Affect Divorce Timing and Jurisdiction?
The Servicemembers Civil Relief Act (SCRA) allows military personnel to request that the court postpone civil proceedings for at least 90 days while on active duty.
This law can add complexity to divorces because a service member may be unable to participate fully in divorce proceedings while on active duty, even via video conference. As a result, military service can affect both the timing and progression of a divorce case.
Specific Resources and Provisions for Ohio Military Divorces
Military families going through a divorce can access several unique resources designed to support their situation. These include veteran-friendly courts in some counties that offer counseling and support services.
How Does Ohio Divide Marital Property?
One of the major issues to settle in any divorce is the division of marital property. Ohio’s equitable distribution laws mean that the marital estate must be divided fairly between the spouses. Often, this results in an almost equal distribution, but not necessarily.
In military divorces, a significant element of marital property is military pay, pensions, and retirement benefits, all of which are typically considered marital assets.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal law that governs the division of military retirement benefits. Under the terms of this legislation, some of the key considerations include:
- The 10/10 Rule for military pensions. If the couple was married for at least 10 years and those 10 years overlapped with at least 10 years of military service, the Defense Finance and Accounting Service (DFAS) may make direct payments to the former spouse for their portion of the awarded pension.
- If the marriage does not satisfy the 10/10 rule. The former spouse may still receive a share of military retirement benefits awarded in the divorce. However, payments must generally come from the service member rather than directly from DFAS.
- Thrift Savings Plan (TSP) accounts. TSP accounts are similar to 401(k) accounts, and may be subject to Ohio’s equitable distribution laws if contributions were made during the marriage. Courts may issue an order dividing the account and awarding a portion to the non-military spouse.
Because retirement benefits and investment accounts can represent a substantial portion of the marital estate, proper valuation and division are critical during military divorces.
How Are Other Military Benefits Divided?
A range of other benefits may need to be considered during a military divorce.
Survivor Benefit Plan
Under the terms of the Survivor Benefit Plan, a military retiree can provide a continuous lifetime annuity to dependents after death if the dependents are named as beneficiaries.
In military divorce settlements, whether a former spouse should remain the designated beneficiary is an important issue, as it can significantly affect future financial security.
Healthcare Benefits
The Defense Health Agency manages the TRICARE healthcare program for uniformed service members, retirees, and their families. The comprehensive coverage it provides for health, dental, and prescription medications is an essential benefit for many military families.
During a divorce, it is essential to establish a military spouse’s eligibility for continued coverage under the TRICARE program, based on the duration of the marriage and its overlap with military service.
For example, a military spouse (who has not remarried) generally qualifies for healthcare benefits if the marriage lasted at least 20 years, the service member had at least 20 years of creditable service, and at least 20 years of the marriage overlapped that service (the “20/20/20 Rule”).
Because healthcare coverage can be an important financial consideration after divorce, military spouses should understand how divorce may affect their eligibility and future coverage options.
Disability Benefits
Military disability benefits are not considered part of the marital estate and are not subject to property division laws. However, this income can affect spousal or child support calculations in Ohio.
How Does Ohio Calculate Spousal Support?
The Ohio courts calculate spousal support obligations based on the income of both parties. Service member income includes:
- Basic pay, as detailed in the service member’s Leave and Earnings Statement (LES); and
- Allowances such as the Basic Allowance for Housing (BAH) or the Basic Allowance for Subsistence (BAS).
The amount and duration of spousal support depend on factors such as the length of the marriage, each spouse’s financial circumstances, and income disparities.
Support orders are enforceable through both civilian and military channels. Military regulations require compliance with support obligations; therefore, if a service member fails to pay support, penalties may be imposed. These include garnishment of wages, loss of security clearance, or disciplinary action under the Uniform Code of Military Justice (UCMJ).
How Are Parental Rights and Responsibilities Decided?
Military couples with children should understand Ohio’s laws on parental rights and responsibilities (custody), parenting time (visitation), and child support.
The child’s best interests are the standard used for all decisions that affect children during divorces in Ohio, whether the parents are military or non-military personnel. However, military divorces must consider certain complications arising from military service. In particular, relocations and deployments of military families complicate child custody matters.
The child’s best interests are often served by stability and a supportive home, school, and community environment.
Parenting plans in military divorces should address these matters, given the unpredictability associated with relocations and deployments. Parents should outline how regular communication between a deployed parent and the child will be maintained.
If it is in the child’s best interests, the court may grant temporary custody to a military spouse during deployments, with the custody arrangement reassessed upon the service member’s return. A service member seeking relocation due to redeployment must provide notice to the other parent, which may necessitate modification of the custody agreement.
The Servicemembers Civil Relief Act helps ensure that service members are not unfairly disadvantaged in custody disputes due to military obligations. However, given the numerous potential complications associated with custody and parenting matters, legal assistance from a seasoned military divorce attorney can help parents develop plans in accordance with Ohio law.
Child Support in Ohio
The official Child Support Guidelines in Ohio apply equally to military parents and civilian parents. They help determine the amount of child support a parent must pay. However, selecting a service member’s income can be more complex because special pay for active-duty members and various allowances must be factored in, as with the spousal support obligations outlined above.
Support is determined by an income-sharing model that considers both parents’ incomes, the number of children, and the time spent with each parent.
What Should a Military Spouse Do If Considering Divorce?
Military spouses considering divorce should protect their rights and prepare for what lies ahead by:
- Familiarizing themselves with their rights and obligations under federal and state laws;
- Understanding the timelines and main protections under SCRA;
- Gathering financial and service-related documents such as LES, retirement records, and deployment schedules; and
- Planning for the future by anticipating the impact of regular deployments, relocations, and other military obligations on parenting time, financial responsibilities, and living arrangements.
Taking these steps early can help military spouses make informed decisions and avoid unnecessary surprises during the divorce process.
Nielsen Miller Law Can Help
If you have questions about military retirement benefits, healthcare coverage, deployments, or support obligations, a military divorce lawyer in Columbus, OH, can help you evaluate your options and prepare for the next steps.
Nielsen Miller Law helps military families throughout Central Ohio address these challenges with informed legal guidance tailored to their family’s needs and goals.
Contact Nielsen Miller Law today to schedule a 30-minute consultation or call us at 614-505-5555 to discuss your circumstances in detail and learn how our experience and resources can benefit you.
