La'Rae H. Hendrix P.A.

3 issues that may come up in a military divorce

Divorce is difficult regardless of what your unique family dynamics might be. Separating from your spouse and starting life again is emotionally, financially and socially taxing. These stressors are often only exacerbated with marriages with one or both spouses enlisted in the military. Military divorce can come with a particularly complex set of issues that you should be prepared to address.  

Following are three examples to take into consideration as you enter the process of divorce. Although there may be additional complications, there is no reason why divorce has to be hostile. Investing in assistance from a legal representative can help you handle these issues.

Negotiating custody

According to the National Military Family Association, determining custody for military families will depend on the individual laws in the state where you file for divorce. This is complicated by the fact that one or both spouses may be deployed and unable to take over primary custody during that time. Factors such as these will be taken into consideration when custody is being negotiated.

Splitting benefits

Military service entitles enlistees to certain benefits that extend to their spouses and children, too. When you are going through a divorce, though, you may wonder how these benefits will be affected. More specifically, you might wonder how pensions will be handled. Because a military pension is typically considered in such matters, it may be split or subject to division under a property division agreement.

Determining child support

Child support is yet another issue that is often complicated when military service is involved. Much like custody arrangements, child support can be difficult to negotiate because of one or both spouse's deployment. If one spouse is typically away due to service obligations, this may entitle the other spouse to a greater sum of child support because she or he carries a greater portion of the childcare burden.

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