Military Divorce Lawyer In Arlington VA Ready To Protect You

TL;DR:

Military divorces are different from civilian ones because they involve federal laws, unique benefits, and challenges tied to deployments and relocations. Matters like dividing property, child custody, and support must be handled carefully. Jurisdiction also matters, since filing in the wrong state can affect the outcome. A military divorce attorney can protect your interests and guide you through these complexities.

 

Military divorce comes with challenges that many civilian families do not face. Service members and their spouses deal with deployments, frequent relocations, and laws that overlap between the federal government and Virginia courts. These issues can make the divorce process feel complicated and overwhelming without proper guidance.

If you or your spouse serves in the military, you need a lawyer who understands both the state and federal sides of the law. Working with a military divorce lawyer in Arlington VA can protect your rights, your children, and your financial stability as you transition into the next stage of life.

Is Military Divorce The Same As Civilian Divorce?

On the surface, divorce in Virginia looks the same whether one spouse is in the military or not. Both involve issues like custody, property division, and support. The difference is that military divorces add another layer of federal regulations that parties must balance with Virginia’s family law system.

For example, the Servicemembers Civil Relief Act (SCRA) can pause proceedings if a service member is deployed or otherwise unable to appear in court. Meanwhile, the Uniformed Services Former Spouses’ Protection Act (USFSPA) sets rules for dividing military retirement pay. These federal laws interact with state laws in unique ways that affect both service members and their families.

Learning how these systems work together is critical. It can mean the difference between receiving the benefits you are entitled to and losing them through technical mistakes.

Where Should You File For Military Divorce?

One of the first questions in a military divorce is where to file the case. While civilian divorces typically require filing in the state where the couple lives, military families often have multiple options due to frequent relocations and changes in residence.

Having multiple choices can create confusion, especially for families who have moved several times during the marriage. A military divorce attorney in Arlington VA who understands both state and federal law can help you choose the court that gives your case the best chance of a fair outcome.

How Are Assets Divided In A Military Divorce?

One of the most complicated parts of a military divorce is the division of benefits. Civilian divorces usually deal with standard retirement accounts or pensions, but the military system is governed by unique federal rules that determine how and when a former spouse may receive a share. Understanding these rules is critical because the outcome can shape the financial future of both parties.

Military Retirement Pay & The 10/10 Rule

Military retirement pay can be the largest asset in a divorce. Under the Uniformed Services Former Spouses’ Protection Act, Virginia courts can treat this pension as marital property and divide it between spouses. How the payments are made depends on the 10/10 Rule.

If the marriage lasted at least ten years, with ten of those years overlapping military service, the former spouse can receive their share directly from the Defense Finance and Accounting Service (DFAS). If not, the responsibility falls on the service member to make the payments, which can lead to enforcement issues if disputes arise.

The Thrift Savings Plan (TSP)

Many service members also contribute to the Thrift Savings Plan, a retirement savings account similar to a civilian 401(k). The TSP is divided in divorce under Virginia law, and unlike pensions, it can usually be split more easily. Still, dividing it requires precise court orders to avoid tax penalties or delays.

Health Care After Divorce

Health care is another significant concern. Some former spouses qualify to continue receiving Tricare coverage, but this depends on meeting strict requirements. For example, under the 20/20/20 Rule, if the marriage lasted 20 years, the service member served 20 years, and 20 of those years overlapped, the former spouse may retain full Tricare benefits.

Even if these conditions are not met, temporary health care coverage may still be available through the Continued Health Care Benefit Program (CHCBP), which works like a civilian COBRA plan.

Housing & Living Allowances

Military compensation is not limited to base pay. Allowances such as the Basic Allowance for Housing (BAH) and the Basic Allowance for Subsistence (BAS) can play an important role in calculating spousal and child support. Virginia courts typically include these allowances when assessing a service member’s income, which can significantly affect the final support order.

Commissary & Exchange Privileges

In some cases, former spouses also retain access to commissaries and military exchanges, though this benefit is rare and tied to strict service and marriage length requirements. While not as financially significant as pensions or health care, these privileges can still provide valuable savings and quality-of-life benefits.

Each of these benefits comes with its own set of rules, eligibility standards, and long-term consequences. Misunderstanding them can leave one spouse without financial security or create unfair obligations for the other. A military divorce lawyer can ensure that these benefits are divided fairly and that no important entitlements are overlooked.

How Child Custody & Visitation Plans Work For Servicemember Parents

Custody and visitation arrangements are already emotional in any divorce. Military service adds another layer of complexity. Deployments, training schedules, and frequent relocations can make traditional custody schedules difficult to maintain.

Virginia courts always focus on the best interests of the child, but they must balance this with the realities of military service. A Family Care Plan, required by the military, often becomes part of custody discussions. These plans show how children will be cared for when the service member is away.

Interstate or even international moves can also raise questions under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law prevents conflicting custody orders across state lines, but it requires careful legal handling to ensure a child’s stability.

How Is Child & Spousal Support Handled In Military Divorce?

Military income is structured differently from civilian pay. In addition to base pay, service members often receive allowances like BAH or Basic Allowance for Subsistence (BAS). Virginia courts factor these into child support and spousal support calculations.

For child support, the goal is to ensure children maintain stability and financial security, whether one parent is deployed or not. For spousal support, courts look at the length of the marriage, the income of both spouses, and the sacrifices made during the marriage.

Enforcement works differently, too. Instead of relying solely on the civilian court system, the Defense Finance and Accounting Service (DFAS) can step in to garnish military wages directly. This system gives courts a stronger way to ensure payments are made.

These unique challenges can go far, and without proper guidance, it’s easy to miss important details that affect your future. Working with a lawyer who knows how these rules intersect with Virginia divorce law helps you avoid costly mistakes and ensures your rights are fully protected.

Why Having A Military Divorce Lawyer In Arlington VA Matters

Military divorces raise issues that go beyond what most civilian divorces involve. Trying to handle the process on your own can lead to mistakes that affect your finances, your benefits, and even your relationship with your children. A military divorce attorney can make a major difference by:

• Choosing the right jurisdiction: A lawyer can help you decide whether to file in Virginia or another state, ensuring the court you choose has authority and works in your favor.
• Protecting military benefits: From pensions and the Thrift Savings Plan to health care and housing allowances, a lawyer makes sure benefits are divided fairly and that no entitlements are lost.
• Addressing custody challenges: Deployments and relocations make custody more complex. A lawyer for military divorce can craft a parenting plan that accounts for military service while prioritizing your child’s best interests.
• Ensuring accurate support orders: Because military pay includes allowances beyond base salary, calculating child and spousal support requires careful attention. A lawyer helps prevent unfair or unworkable orders.
• Navigating federal protections: Laws like the Servicemembers Civil Relief Act (SCRA) can pause or delay proceedings. An attorney for military divorce ensures these protections are used appropriately without stalling your case unnecessarily.

Divorce is never simple, but you don’t have to go through it alone. A military divorce law firm in Arlington VA can protect your rights, secure your benefits, and help you move forward with confidence.

The Irving Law Firm Supports Military Families In Arlington, VA

Military families face challenges in divorce that go far beyond the ordinary, and The Irving Law Firm is here to guide you through them. We bring together a deep knowledge of Virginia family law and the federal rules that affect service members and their spouses. Our goal is to protect what matters most: your rights, your benefits, and your children’s stability.

We know these cases aren’t just about legal details. Military life means sacrifice, whether it’s putting a career on hold, relocating every few years, or managing long separations. Our team takes the time to understand your story and build a strategy that reflects your family’s needs now and in the future.

If you are facing a military divorce in Arlington, Virginia, the right guidance can make all the difference. Contact us today to speak with a military divorce lawyer who can help you take the next step.