How Military Service Affects Divorce Cases in Maryland

Military service can add layers of complexity to a divorce case. The federal government has made significant strides in protecting the rights of non-military spouses while ensuring military members are able to perform their military duties. Issues such as the division of military pensions, deployment schedules, and custody arrangements often require detailed legal analysis. Our Maryland military divorce attorneys understand that military divorce cases require personalized strategies to address the legal and logistical realities of both military service and the needs of military families.

Recent changes in Maryland law, including the elimination of limited divorce, allow for clearer pathways to resolution. At the same time, federal policies governing military benefits, such as the Uniformed Services Former Spouses’ Protection Act (USFSPA), can significantly impact the benefits to some former spouses of military members. Properly addressing these issues ensures the rights of both spouses and their children are upheld.

Understanding the Overlap Between Maryland Divorce Law and Military Regulations

Jurisdiction and Residency Requirements for Military Divorces in Maryland

In Maryland, establishing jurisdiction in a military divorce is crucial. Spouses may file for divorce in Maryland as long as one party resides in the state or if the service member is stationed in Maryland. For military couples, the USFSPA and Maryland’s family law statutes often overlap. These laws govern issues such as property division, retirement benefits, and spousal support.

Maryland no longer recognizes “limited divorce,” and this simplifies the filing process for married couples. These changes streamline the jurisdictional requirements, ensuring military families are treated equitably.

Division of Military Benefits in Maryland Divorces

Military Pensions and the USFSPA

Military pensions are often one of the most significant assets in a divorce. Under the USFSPA, Maryland courts can treat military pensions as marital property subject to division. To qualify for direct payments from the Defense Finance and Accounting Service (DFAS), the marriage must meet the “10/10 rule”: a marriage of at least 10 years overlapping with 10 years of military service.

Additionally, former spouses must understand the “20/20/20” and “20/20/15” categories, which govern eligibility for military benefits:

• 20/20/20 Category: An unremarried former spouse is eligible for full medical, commissary, and exchange privileges if the marriage lasted 20 years, the service member completed 20 years of service creditable for retirement, and there was a 20-year overlap of marriage and military service.
• 20/20/15 Category: If the overlap is at least 15 years but less than 20 years, the unremarried former spouse is eligible for one year of transitional medical benefits.

These categories are critical for spouses seeking clarity on their post-divorce entitlements.

Survivor Benefit Plan (SBP) Considerations

The Survivor Benefit Plan (SBP) allows a service member to designate a beneficiary who will receive continued benefits after their death. Maryland courts may incorporate SBP designations into the divorce decree to protect the non-military spouse’s financial security. It is important to note that DFAS will only honor court-ordered SBP designations if the former spouse was the SBP beneficiary during the marriage. Furthermore, if the former spouse remarries before age 55, SBP eligibility is forfeited.

Custody and Parenting Plans in Military Divorces

Addressing Deployment and Custody Schedules

Military service often requires deployment or frequent relocations, which can complicate child custody arrangements. Maryland courts prioritize the best interests of the child. Documenting the service member’s ability to maintain a stable and supportive environment, even during deployment, is crucial.

Parenting plans for military families often include provisions for temporary custody adjustments during deployment and communication arrangements, such as video calls. These plans must also address the logistics of transferring custody when deployment occurs.

Addressing Spousal Support and Financial Stability

Spousal Support for Spouses of Military Servicemembers

Spousal support, or alimony, is often a point of contention in military divorces. Maryland courts evaluate factors such as the duration of the marriage, the financial needs of each spouse, and the ability of the supporting spouse to pay. For military servicemembers and their spouses, alimony determinations follow the same legal framework as other divorcing couples in Maryland. This ensures fairness and financial stability post-divorce.

Income Disparities Due to Military Service

Military families often experience unique financial dynamics, such as income disparities due to frequent relocations or career interruptions for non-military spouses. These factors can influence alimony awards and property division. Demonstrating the economic sacrifices made by the non-military spouse is essential in achieving equitable outcomes.

Maryland Military Divorce FAQs

How Does Deployment Affect Custody Arrangements In Maryland Divorces?

Deployment can significantly impact custody arrangements. Maryland courts prioritize the child’s best interests and encourage parenting plans that account for the unique challenges of military service. Parenting plans for military families should include temporary custody modifications during deployment and provisions for maintaining communication with the deployed parent.

How Do The 20/20/20 And 20/20/15 Rules Impact Military Benefits In A Divorce?

The 20/20/20 rule grants an un-remarried former spouse full military benefits if the marriage lasted 20 years, with a 20-year overlap of marriage and military service. The 20/20/15 rule provides one year of transitional healthcare benefits for marriages with a 15-year overlap. Understanding these rules is critical for former spouses to protect their rights and financial future.

What Happens To The Survivor Benefit Plan (SBP) After A Divorce?

Maryland courts can order a service member to designate a former spouse as an SBP beneficiary. However, remarriage before age 55 results in forfeiture of SBP benefits. Former spouses must ensure the divorce decree explicitly includes SBP provisions to secure their rights.

Contact Our Rockville Military Divorce Attorney For Your Free Consultation

If you’re a military service member or the spouse of a military member facing a divorce in Maryland, Shah & Kishore can help. Our team of dedicated attorneys understands the complexities of military service and its impact on divorce proceedings. We are committed to protecting your rights and ensuring a fair resolution that prioritizes your family’s future.

To receive your free consultation, contact our Rockville military divorce attorney at Shah & Kishore by calling (301) 315-0001. Our office in Rockville serves clients throughout the state of Maryland. Let us provide the guidance and support you need during this challenging time.