301-732-6410

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Law Offices of Michael Gast

Law Offices of Michael Gast

A Family Tradition of Representation Since 1950

Aggressive And Affordable Advocacy For Family Law And Criminal Defense

Get Experienced Help With Your Military Divorce

Military divorces have unique considerations. While the issues in a military divorce remain similar to concerns in a civilian divorce, including child custody, spousal support and property division, the way these matters are approached can vary greatly in a military divorce.

At the Law Offices of Michael Gast, you will work with an experienced military divorce lawyer who has represented the interests of military personnel for decades, including service members from Fort Detrick.

Military Child Custody

One of the largest concerns in a military divorce is child custody. Custody matters can change dramatically depending on whether one parent is deployed or recently returned from deployment. Our firm has also represented clients who are deployed during their divorce or who are suffering from PTSD or other condition related to their service.

We often point out to the court the benefit our service members play in protecting our country. While you may have been away for a significant time from your children, you are providing for your family through your hard work and patriotism. This should be factored into any decision regarding child custody matters.

Military Pensions

Retirement assets in a military divorce are handled differently than in civilian divorces. While no law guarantees that a military ex-spouse is entitled to a portion of a military pension, it is possible for a former spouse to receive a portion of the pension from a family court order. Under the Uniformed Services Former Spouses’ Protection Act, state courts can treat military pensions as a marital asset, subject to division along with other marital property.

Alimony (Spousal Support)

Because many former spouses of service members forego getting an education or advancing their career to provide support for their spouse, alimony is often at issue in military divorces.

We provide a thorough evaluation of the case for financial support, and we can advise our clients regarding the possibility of temporary or permanent alimony.

Deployment And The Divorce Process For Military Families

Deployment can delay or complicate divorce proceedings. When one spouse is stationed overseas or on active duty, court appearances and communication can be difficult.

The Servicemembers Civil Relief Act (SCRA) allows deployed service members to request a stay in proceedings, protecting them from default judgments and making sure they have a fair chance to respond.

Judges may postpone hearings until the service member returns, which can extend the divorce timeline. However, deployment does not prevent a spouse from filing. A military divorce lawyer can help either party understand the limitations and possibilities depending on their role in the military.

Whether you are the spouse at home or the one serving, it is critical to have legal guidance during a deployment. We can keep your case moving where possible and protect your rights if delays occur.

Legal Rights Of Military Spouses During Divorce

Military spouses are protected by federal and state laws when a marriage ends. It is important to understand these rights before any final decisions are made. Some of the key protections include:

  • Housing benefits: Spouses may retain access to military housing or receive transitional support, depending on service length and the terms of separation.
  • Health care coverage: Under the 20/20/20 rule, spouses may keep Tricare benefits if the marriage lasted 20 years, the military service lasted 20 years and both overlapped.
  • Relocation support: Military spouses often move frequently. Divorce courts may consider this when deciding custody and support, especially if the spouse gave up a career to support the service member’s postings.

Knowing your military spouse divorce rights helps protect your stability and your children’s well-being. It is best to work with our lawyer as they understand military-specific protections.

Military Benefits Division

While military pensions are often discussed, other valuable benefits may also factor into the divorce settlement or support calculations. These can include:

  • Survivor Benefit Plan (SBP): Offers continued income to former spouses after the service member’s death, if properly elected during divorce.
  • Tricare health insurance: May continue depending on eligibility, especially for long-term marriages.
  • Basic Allowance for Housing (BAH) and other pay: These benefits can impact child support and spousal support calculations.

Divorcing a service member requires careful planning to help ensure all military benefits in divorce are addressed. Getting legal support helps ensure nothing important is overlooked.

Get A Free Consultation With A Military Divorce Lawyer

Our conveniently located office in Frederick, Maryland, represents clients throughout Frederick County and Washington County. We are also able to meet clients in Hagerstown. Call us at 301-732-6410 to schedule your free initial consultation with an experienced family law attorney or contact us here.