Understanding Property Division In Military Divorces: Equitable Distribution vs. Community Property

Understanding Property Division in Military Divorces: Equitable Distribution vs. Community Property

Dividing marital property in a military divorce involves unique challenges, especially when spouses own property across different states. Depending on where you file for divorce, your assets could be split under either equitable distribution or community property laws. Each state has its own approach, and frequent relocations due to military service can complicate which state's laws apply. This blog explores the critical differences between these systems, focusing on key military hubs like Maryland, D.C., Virginia, and Texas, and highlights the importance of working with a law firm experienced in military-specific legal issues.

1. Equitable Distribution vs. Community Property: Key Differences

In the U.S., divorce laws vary significantly depending on the state, and two primary systems are used to divide marital property:

• Equitable Distribution: Used in Maryland, D.C., Virginia, and most other states. In these states, marital assets are divided in a way that the court deems fair, though not necessarily equal. The court considers factors such as each spouse’s financial contributions, the duration of the marriage, and future needs. Courts have significant discretion, making it critical to present a strong case when arguing for a fair division of property.
• Community Property: Used in Texas and a few other states. In community property states, marital property is typically divided equally (50/50). Any assets acquired during the marriage are considered jointly owned, regardless of who earned the income or whose name is on the title. Property acquired before the marriage or through inheritance or gifts remains separate property.

2. Complications for Military Families

Military families frequently move due to Permanent Change of Station (PCS) orders, which can lead to property ownership in multiple states. This mobility creates confusion about which state’s laws will apply during the divorce process. For instance, a couple may own property in both an equitable distribution state (like Maryland) and a community property state (like Texas), and this can affect how assets are divided.

In military divorces, it’s essential to determine jurisdiction—the state where the divorce will be filed and which state’s laws will govern the division of property. The state where the military spouse is stationed, the state of legal residence, or even the state where the property is located could all potentially come into play. Navigating these jurisdictional issues can be tricky, but experienced attorneys can help you determine the best strategy to ensure a fair division of assets.

3. Military-Specific Considerations for Property Division

Military divorces come with additional complexities, especially when dividing assets such as military pensions, retirement benefits, and housing allowances. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs the division of military pensions, and state courts may treat military retirement as divisible property.

In equitable distribution states like Maryland and Virginia, the court will consider the length of the marriage and how much of the military career overlapped with the marriage when dividing military pensions. This often results in a percentage of the pension being awarded to the former spouse.

Base housing and housing allowances (BAH) are also unique factors in military divorces. While military families living on base may not technically “own” their home, determining who will stay in the marital residence during the divorce proceedings is important, especially when children are involved. Courts in Maryland, D.C., and Virginia can award temporary use and possession of the marital home to the custodial parent to ensure stability for the children.

4. Why Multi-State Knowledge Matters

For military families, understanding how to divide assets across multiple states is crucial. Our firm, with attorneys licensed and practicing in Maryland, D.C., Virginia, and Texas, has the knowledge and experience to handle these complicated issues. Whether it’s dividing a home in Texas under community property laws or splitting retirement accounts in Maryland under equitable distribution, we can help you navigate these complexities.

When a divorce involves multiple states, it’s essential to have a lawyer who understands both state-specific laws and military-specific considerations, such as the Servicemembers Civil Relief Act (SCRA) and the USFSPA. This ensures that all factors are considered when dividing property, pensions, and other assets.

5. Choosing the Right Legal Representation for a Military Divorce

Dividing property in a military divorce requires an attorney who not only understands the nuances of equitable distribution and community property, but also has experience with the additional complexities of military life, such as frequent relocations, military benefits, and jurisdictional issues.

At our firm, we specialize in representing military families and have attorneys licensed in Maryland, D.C., Virginia, and Texas. Our firm’s military background gives us a unique perspective and the expertise necessary to protect your interests during a military divorce.

Call to Action

To learn more about dividing property in a military divorce, explore the topics in the drop-down boxes below or schedule a consultation with one of our experienced attorneys for personalized advice. Call us at 301-952-9000 or use our online scheduling link (CLICK HERE) to get started.

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 Patriots Law Group directly.