Navigating a divorce in Arizona can be overwhelming, but when one or both spouses are active service members, the process presents unique legal hurdles. Connecting with our experienced Tempe Military Divorce Lawyers as early as possible can ensure your rights and future are safeguarded under both civilian and military law. Please continue reading to learn the key distinctions between a military and civilian divorce.    

What Are the Key Differences Between a Military and Civilian Divorce? 

First and foremost, it’s crucial to understand that a military divorce involves at least one spouse who is an active-duty service member, reservist, or retiree. Military divorces in Arizona are distinct from standard civilian divorces, governed primarily by federal laws like the Uniformed Services Former Spouses’ Protection Act ​​(USFSPA) and Servicemembers Civil Relief Act (SCRA), even though they proceed through state court. The key differences include: 

  • Establishing Legal Jurisdiction: Service members may be stationed away from their official state of residence or where their spouse resides. This can complicate divorce proceedings. 
  • The Division of Assets: In Arizona divorce cases, the division of military benefits is governed by USFSPA, which classifies this pay as a shared marital asset. Federal rules dictate how this division is executed. If the marriage spanned at least 10 years concurrent with the service member’s active duty (known as the “10/10” rule), the ex-spouse may receive their portion of the pay directly from the relevant government agency. Conversely, the rules for dividing non-military, private retirement funds in civil divorces do not fall under the USFSPA’s authority. 
  • Child Custody and Support Calculations: Military parenting time and support must be flexible to accommodate deployments and frequent moves, factoring in non-taxable income components such as the Basic Allowance of Housing (BAH). 
  • Special Protections and Benefits: The Servicemembers Civil Relief Act offers unique protection, enabling a service member to halt proceedings due to active-duty demands temporarily, and the 20/20/20 Rule governs the retention of medical comissary benefits by a former spouse. Furthermore, the Survivor Benefit Plan (SBP) allows spouses to continue receiving a portion of the pension in the event of fatality. 

Should I Speak With a Divorce Lawyer? 

Military divorces are governed by a specific set of laws and rules that distinguish them from civilian cases. It’s important to understand that engaging a Tempe military divorce lawyer is essential for dealing with the tricky relationship between federal and state laws in these cases. Their in-depth knowledge ensures that military pensions and other benefits are split correctly, handles unique parenting time arrangements and deployment challenges, and guarantees the final court orders are enforceable. 

If you’re facing a military divorce in Arizona, please don’t hesitate to contact the legal team at Weingart Family Law for a consultation today.