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What Is a Military Divorce?

Divorce that involves military servicemen is referred to as a military divorce. The term is merely descriptive in nature to indicate that a member of the military is involved rather than an actual legal term. Either a spouse or both spouses are part of the military in order to label a divorce proceeding as a military divorce. The party or parties may be a present serviceman or a retired member of the military.

Military divorces undergo the same litigation processes as a regular divorce would. It is still considered a civil court case since a military divorce is indicative only of a spouse or both spouses having served in the military. However, when alimony, child support, and pension are discussed, the serviceman undergoing the divorce is subject to national laws since these are benefits that may be derived from the military.

The military usually protects a spouse divorcing a serviceman in the matter of alimony, child support, and pension. However, the specifics with regards to these benefits may differ from country to country. In the United States of America, the military cannot force a serviceman to pay for child support to his or her previous spouse unless a court order directly demands it.

The Uniform Services Former Spouse’s Protection Act enables ex-spouses to obtain military retired pay during a divorce if so ordered and stipulated by the court. The court must award the military retired pay as part of the serviceman’s property during divorce proceedings. If it is not rewarded, the Uniform Services Former Spouse’s Protection Act cannot provide this, as it does not make it compulsory.

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