Military Divorce/Custody

State and federal laws may regulate military divorce proceedings as they would a civilian one. Before filing, research military regulations, residency requirements and military pension. Each branch of the military has different rules. Other issues that may arise in a divorce may include the nature of the service, the active duty assignment or when one is stationed overseas. According to federal law, after ten years, the military spouse in entitled to a percentage of the military spouse's retirement. State laws dictate how spouses can divide their property, garnish military pay, visitation, and child support (which cannot exceed 60 percent of the military member's salary). There are equitable property and community property states in some cases. The length of the marriage determines the military benefits of spouses, including eligibility for commissary, exchange and health care benefits, as well as eligibility for a portion of the retired pay.

The Service Members Civil Relief Act (SCRA) protects Military personnel to a certain degree to enable them to devote their entire energy to the defense of the Nation. A court may delay legal proceeding for the time that the service member is on active duty and for 60 days following active duty. A divorce decree must meet the requirements under the SCRA if the serviceman is on active duty.

Military & Divorce: Uniformed Services Former Spouse's Protection Act (USFSPA)

Defense Finance and Accounting Service (DFAS)
US Code: Title 10, Section 1408

The USFSPA protects the spouse in an event of a divorce from a military service member. The USFSPA governs how much of the serviceman's military pay or pension is divided between the spouses. The USFSPA allows states to give up to 50 percent of a serviceman's retired pay, or up to 65 percent to include child support.
"When waiting for the divorce, a military family must still be supported."

Defense Finance and Accounting Service (DFAS)