Military Members and the Divorce Process

Military members or their spouses living in Utah may need to understand the additional considerations they have when seeking a divorce. People who are in the military will still go through the same legal procedures as apply to civilians, but there are several factors that should inform how and where they choose to proceed.

Military members may face a longer process if they are stationed abroad or are on active duty in a far-off location. Some may also have choices of where they choose to file, as a number of states allow military members to file for divorce in the state where they are stationed.

The Uniformed Services Former Spouses’ Protection Act mandates that the military must follow state guidelines on child, spousal and other types of support. The act allows states to consider military retired pay as property rather than as income. If the marriage lasted for at least 10 years and overlapped with 10 years of service by one spouse, the other spouse will be entitled to receive direct pay of retirement benefits from the Defense Finance and Accounting Services. The military retirement pay award may also be in addition to other types of ordered support, such as child support or alimony.

When child support is also being taken from the military retirement fund, the maximum amount of combined deductions from the monthly military pension amount is 65 percent of the pension. Those who are in the military or who are the spouse of a military service member may wish to consult with a family law attorney when they are considering a divorce. The attorney can advise the client about the most beneficial place to file as well as the expected amount of retirement plan payments that might be awarded.

Source: MIlitary.com, “Understanding Divorce in the Military“, November 26, 2014

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Kaleigh Bridges

6 days ago

I had the privilege of working with Ray and his paralegal Carren for three years during a very high-conflict custody battle with my ex, and I truly cannot say enough good things about them. From start to finish, their level of professionalism, dedication, and compassion set them apart from most legal teams.

Ray was not only knowledgeable and strategic, but also straightforward and honest with me at every stage of the process. He never made unrealistic promises and always made sure I understood my options, which gave me a lot of confidence and peace of mind during a very stressful time. Carren was equally amazing—organized, responsive, and incredibly supportive. She made sure I was always kept in the loop and was quick to answer questions or provide updates.

What stood out most was their consistent communication. They always made the effort to call and keep me updated, which made me feel like I was truly a priority, not just another case. Their teamwork, transparency, and genuine care made a difficult experience much more manageable.

I would highly recommend them to anyone in need of strong, reliable legal representation.

Siobhan Glover

2 weeks ago

Thank you to everyone at Brown Family Law. You guys are an amazing team. My attorney Katrina Redd made this so easy for me. She was always available to help explain the details, answering all of my questions and concerns with respect and clarity. And can I say, the way she handled my mediation…I was so impressed. Im so happy I chose to go with Brown.

Bailey Rivera-Wymes

2 weeks ago

Brown Family Law wasn’t able at the time to take on my case however the team was super nice and helpful. They took the time to send me referrals to other lawyers who could help me. Appreciate this level of service.

Cleo Mecham

2 weeks ago

Russell was so kind and great to work with!

Tommy Cline

2 weeks ago

They did an outstanding job working on my case. It was very difficult due to me being in the military and stationed in Texas. They did a great job communicating with me by email and phone and i was very satisfied with the outcome and their work. I would definitely recommend them, especially to any other military people who need to have legal issues dealt with in Utah and that are unable to be there themselves to handle it.

luis rascon

3 weeks ago

I would like to thank everyone there that help me out especially David & Dani you guys made this experience pleasant.
Thank you for always being able to help me out with questions and concerns I had and keeping me updated with calls and text about my case through out this whole process!!

Brandon Rhoades

3 weeks ago

I was able to have a consultation with Clay. He did an incredible job at helping me understand my legal rights.

Gilberto Gomez-Gonzalez

3 weeks ago

The team at Brown Family Law provided exceptional support during a difficult personal matter. They are true experts in family law and made a stressful process much easier to manage. Truly the best in the business!

Dolan Raby

3 weeks ago

I have had a long drawn out case with my divorce and I will say that Daniel and Carren have been amazing to work with through this process. They are always on point and responded quickly to all of my questions and concerns.

Cassie Martinez

1 month ago

I am incredibly grateful for my legal team. They provided steady, knowledgeable guidance while addressing the unique challenges of a military family case. Their professionalism and attention to detail gave me confidence and peace of mind throughout the entire divorce process.

Military Members and the Divorce Process

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