How do I file for divorce in the military?
Where to File for Divorce
- File in the state where you last resided for six months or more.
- File in the home state where you pay taxes.
- Allow your spouse to file where he or she resides in the U.S.
- If you’re stationed in the U.S., file in the state in which you are stationed, even if you’re not a resident of that state.
How much does a divorce cost in the military?
For those retiring from active duty the cost of SBP is 6.5% of the base amount; for Guard/Reserve retirees, it’s about 10% of the base. This premium is deducted from the member’s retired pay.
Is it hard to get a divorce in the military?
While military divorces are no more complicated than civilian divorces, there are special rules and requirements that apply to U.S. service members and their spouses when they divorce.
Will the military pay for my divorce?
It is a marital asset, subject to division at the time of the divorce or legal separation regardless of the length of the marriage – even if only a year or two! … If the spouses have at least 10 years of marriage overlapping the military service, DFAS will pay the former spouse’s share directly to the former spouse.
Do you lose bah if you get divorced?
Basic Allowance for Housing (BHA) is a monthly allowance that applies to members in the military. … If you are getting a divorce, you can still receive BAH in most cases. However, a divorce may impact the amount of BAH you receive, and in some instances, may terminate your BAH altogether.
How does military divorce work?
Generally, the military views divorce as a private civil matter to be addressed by a civilian court. … Military legal assistance offices can help with this. The Uniformed Services Former Spouse Protection Act is a federal law that provides certain benefits to former spouses of military members.
Who gets custody in a military divorce?
Where only one parent is in the military and the parents have joint custody, the civilian parent will generally take care of the child when the service member is unavailable.
How much alimony does a military wife get?
Federal military laws don’t set guidelines on alimony awards, although a veteran can’t be ordered to pay more than 50% of his or her income toward support.
How is military divorce different?
The biggest difference between a military divorce and a civilian divorce is obviously that either one spouse, or both of the spouses are currently serving (or at some point did serve) in the military. You can have military justice issues. …
What is the 10 10 10 rule in the military?
The 10/10 Rule
Following a dissolution of marriage, a former spouse who has at least 10 years of marriage overlapping 10 years of creditable military service may apply for direct payment of the retirement from the Defense Finance & Accounting Service (DFAS).
What happens when you file for divorce first?
If you file first, you control when the divorce gets filed. You can decide to cancel the divorce, as long as she hasn’t filed a response. You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant.
What is a military spouse entitled to in a separation?
The spouse still retains a military ID card and full benefits during a separation. In most cases, the non-military spouse will lose his/her ID card (and privileges) once the divorce is final. In cases where a spouse is considered “20/20/20” or “20/20/15,” these benefits and privileges remain in tact.