Divorce is never easy, but when one spouse is in the military, things can get more complicated. If you or your spouse is serving, there are special rules in Washington and under federal law that you’ll need to understand.
Where and when to file
Military families often move from state to state, which makes figuring out where to file for divorce tricky. In Washington, at least one spouse must be a resident or stationed in the state to file.
Active-duty service members have protections under the Servicemembers Civil Relief Act (SCRA). This law allows them to delay court proceedings if military duties prevent them from participating, which can slow down your divorce process.
Navigating your military benefits
Dividing assets in your military divorce includes some unique elements. Along with usual property division, you’ll also need to address several military-specific benefits:
- Military retirement pay, which may be shared under the Uniformed Services Former Spouses’ Protection Act (USFSPA)
- Thrift Savings Plans (TSP)
- Survivor Benefit Plan (SBP) elections
These benefits can be valuable, so understanding how they work in divorce is crucial.
To qualify for ongoing health benefits under Tricare, former spouses must meet the 20/20/20 rule: 20 years of marriage, 20 years of service and 20 years of overlap. If you don’t meet this rule, you may lose coverage after your divorce is finalized.
Handling child custody during deployments
Custody and parenting plans become more difficult when deployments or relocations are involved. Washington courts focus on your child’s best interests and frequent moves or long absences can impact decision-making and parenting time. Your plan may need to include alternatives such as virtual visitation or temporary adjustments during deployments.
Getting support from someone who understands
Military divorces involve more than emotional stress. They include legal and financial factors that civilian divorces don’t.
This might be overwhelming to deal with on your own and you may find speaking with an attorney who regularly handles this sort of case to be enlightening. A divorce attorney who understands both state and federal military laws can offer the right guidance: the kind that can help you move forward with clarity and confidence.
