Divorce involving members of the military creates added legal and logistical complications. When one or both spouses are service members, federal law intersects with Maryland family law in ways that affect everything from filing procedures to the division of benefits.
At Milstein Siegel, we represent both service members and spouses in military divorces. Our team is familiar with the specific rules that apply to these cases and offers legal representation that takes your military status and the realities of military life into account.
How Military Divorce Differs from Civilian Divorce
Military divorces include several issues that don’t usually arise in civilian cases. One of the most common is jurisdiction. In Maryland, at least one spouse must reside in the state for a divorce to be filed. However, when families frequently relocate due to military orders, determining the right place to file can be confusing. We help our clients assess their options and file in the correct court.
Another major factor is the Servicemembers Civil Relief Act (SCRA). This law protects active-duty members from default judgments if they’re unable to respond to a court case because of their service. Courts can also postpone hearings while a service member is deployed.
In addition, the demands of military service, such as unpredictable schedules, assignments abroad, and long-term deployments, can complicate custody planning and court scheduling. Our attorneys are experienced in handling these issues and work to reduce delays and miscommunication.
Military Benefits and Divorce: Protecting Your Rights
Military divorces often involve benefits that can significantly impact your financial future. Federal rules apply to the division of these assets, and they must be addressed correctly in your divorce agreement.
Here are some of the most important benefits to consider:
- Military retirement pay: This can be divided as marital property under Maryland law. A former spouse may be entitled to a portion, depending on the length of the marriage and other factors.
- The 10/10 rule: If the marriage lasted at least 10 years, and the service member completed 10 years of military service during the course of the marriage, retirement payments can be made directly to the former spouse through the Defense Finance and Accounting Service (DFAS).
- Survivor Benefit Plan (SBP): This plan provides continued payments to a former spouse after the service member’s death. During divorce, deciding whether the former spouse will remain the SBP beneficiary is important.
- TRICARE and healthcare coverage: Former spouses may be eligible for continued healthcare depending on how long the marriage overlapped with military service. For example, under the 20/20/20 rule (20 years of marriage, 20 years of service, and 20 years of overlap), a former spouse may continue to receive full benefits.
- Commissary and exchange access: These privileges can also be affected by the duration of the marriage and service.
We help clients evaluate these benefits and prepare legally sound agreements that comply with both state and federal law.
Special Considerations for Active Duty Service Members
Service members often experience obstacles of practicality when going through a divorce, as military life doesn’t always fit neatly into legal schedules. We work with clients to reduce the stress associated with trying to handle legal matters while fulfilling service obligations.
Here are a few of the situations we cover:
- Deployment and parenting schedules: When one parent is deployed or stationed far from home, custody arrangements may require alternative scheduling or communication methods. We help parents propose parenting plans that reflect the realities of military service while still focusing on the child’s well-being.
- Default judgments and legal protections: If you are unable to attend a court hearing because of your military duties, we take steps under the SCRA to protect your rights and prevent legal decisions from being made without your input.
- Remote communication: We offer virtual consultations, flexible appointment times, and secure online document exchange for clients who are overseas or living on base. You don’t need to be physically present to move forward with your case.
Whether you’re stationed at Fort Meade, abroad, or preparing for a transfer, we adapt to your schedule and provide consistent legal support wherever you are.
Contact Milstein Siegel for Military Divorce Representation
Military families often have added legal hurdles when going through a divorce. At Milstein Siegel, we help service members and their spouses sort through these challenges and make informed decisions that protect their futures.
If you’re looking for a family law attorney in Maryland who has experience with military divorce, we’re available to help. We know how federal and state laws interact in these cases, and we offer support that fits the pace and structure of military life.
Call us at (410) 760-9433 to schedule a consultation or visit us at one of our offices in Ellicott City or Laurel. We also offer virtual appointments for deployed clients or those stationed outside the region. Learn more or contact us at milsteinsiegel.com.
Military Divorce FAQs
How is military divorce different from civilian divorce?
Military divorces involve unique legal considerations including jurisdiction, military benefits, federal protection laws, and scheduling conflicts caused by deployment or reassignment. These differences require knowledge of both Maryland family law and federal military regulations.
Where should I file for divorce if I’m in the military?
Jurisdiction can be complicated for service members. You may be able to file based on your legal residence, your spouse’s location, or where you’re currently stationed. Our attorneys will help you determine the correct court for your case.
What is the Servicemembers Civil Relief Act (SCRA)?
The SCRA protects active-duty service members from certain legal proceedings when military service prevents participation. It may allow a postponement of your divorce hearing or prevent a default judgment if you’re deployed.
Can my military retirement be divided in a divorce?
Yes. Military pensions are considered marital property and can be subject to division under Maryland law. The amount a spouse may receive depends on the length of the marriage and years of overlapping service.
What is the 10/10 rule?
The 10/10 rule refers to a federal regulation that allows direct payment of military retirement benefits to a former spouse via DFAS (Defense Finance and Accounting Service) if the marriage and service each lasted at least 10 years and overlapped.
Will my spouse keep TRICARE or other military healthcare benefits after divorce?
Possibly. Under the 20/20/20 rule (20 years of marriage, 20 years of service, 20 years overlap), your former spouse may retain full healthcare coverage. Other rules apply for shorter marriages, and we help clarify eligibility.
What happens to the Survivor Benefit Plan (SBP) during divorce?
SBP coverage must be negotiated and clearly stated in your divorce agreement. We help clients decide whether to elect SBP coverage and prepare the necessary documentation to preserve or waive the benefit appropriately.
Can child custody work around a deployment schedule?
Yes. Custody plans can be customized around deployments, training, and military obligations, including virtual visitation and flexible schedules. Our attorneys work with military parents to prioritize the child’s needs while respecting service duties.
I’m stationed overseas or on base. Can I still move forward with my divorce?
Yes. We offer virtual consultations, flexible meeting times, and secure digital document processing so you can proceed with your case from anywhere in the world with minimal disruption to your service.
Do I need a lawyer who specializes in military divorce?
Yes. Military divorce combines federal protections, benefits regulations, and Maryland family law. Our attorneys understand these intersecting systems and help service members and spouses reach fair and legally sound outcomes.