10 Critical Considerations Before Settling a Military Divorce

10 Critical Considerations Before Settling a Military Divorce

Military divorce brings a unique set of challenges, and overlooking critical issues can lead to unfair outcomes that affect both parties’ financial futures and family stability. Before finalizing any settlement, it’s essential to consider the following topics to ensure both parties are treated equitably and that your marital settlement agreement (MSA) is sustainable over time. Below are 10 key considerations, often overlooked, that can have significant consequences in a military divorce.

1. Where Will Each Military Parent Reside in 1-2 Years?

Future relocations due to new military assignments, deployments, or the need for family support can significantly impact child custody and visitation rights. It’s important to factor in potential moves when creating a custody plan, ensuring the agreement remains workable even if one or both parents relocate. Failure to plan for future moves can result in costly disputes and modifications.

2. How Will Child Custody Change During Deployments or PCS?

Deployments and Permanent Change of Station (PCS) relocations are common in military life and can drastically alter custody arrangements. Having a detailed plan in place outlining temporary custody changes, visitation schedules, and communication methods between the deployed parent and the children is essential. Without these provisions, sudden deployments could cause disruptions in the family dynamic.

3. What School District Will the Children Be Enrolled In?

Choosing the right school district is crucial for children’s educational stability, especially in a military divorce. Frequent moves can disrupt academic progress, so it’s important to include provisions that detail where the children will attend school and how school changes will be handled if relocation becomes necessary.

4. Who Will Claim the Children for Tax Purposes?

Tax considerations are an important financial aspect of divorce. Deciding which parent will claim the children as dependents can affect tax credits, deductions, and exemptions. This should be clearly outlined in the MSA to avoid disputes and maximize financial benefits for both parents.

5. Sale or Use of the Marital Home

The marital home is often a significant asset in a divorce. Deciding whether to sell the home or allow one spouse to remain requires careful planning, especially in military divorces where the home may be tied to a specific duty station. The agreement should clearly outline who will cover mortgage payments and maintenance costs or how sale proceeds will be divided.

6. Setting a Sales Price for the Marital Home

In military divorces, agreeing on a fair sales price for the marital home is essential to ensure an equitable division of assets. Market conditions, urgency to sell due to relocations, and equity built during the marriage should all be considered when setting a sales price. Including a mechanism for resolving disputes over the sales price can prevent delays.

7. Calculating the Marital Share of a Military Pension

Military pensions are a significant marital asset and must be divided properly. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs pension division, but state laws may vary. Calculating the marital portion of the pension is critical and should consider service time during the marriage, any disability benefits, and whether the pension will be divided by a percentage or fixed amount.

8. Resolving Personal Property Division

Personal property, such as furniture, vehicles, and household items, should be divided fairly in the MSA. In military divorces, relocations may complicate the division of personal property. A clear division of property ensures that both parties retain their rightful possessions without ongoing disputes.

9. Ensuring Full Financial Disclosure

Complete financial disclosure from both parties is critical to creating a fair MSA. This includes all assets, liabilities, and income sources, such as military benefits, pensions, and savings. Without full transparency, one party may be at a disadvantage, leading to an unfair settlement.

10. Automatic Adjustments for Cost of Living or Custody Changes

Including provisions for automatic adjustments in support payments or custody schedules can help accommodate changes in cost of living, deployments, or relocations. This ensures that the terms of the divorce remain fair and practical over time, reducing the need for future litigation.

Conclusion

Before finalizing a military divorce, it’s essential to address these key considerations to ensure an equitable outcome. Military divorces often involve a mix of federal and state laws, along with the added complexity of military life. By addressing these factors, you can protect your financial future and avoid costly disputes down the road.

If you are navigating a military divorce, Patriots Law Group can help you understand the legal and financial complexities involved. Our experienced military divorce attorneys will guide you through the process, ensuring your rights are protected. Call 301-952-9000 or use our online scheduling link (CLICK HERE) to set up a consultation today.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For specific legal advice, please contact an attorney directly.