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How does being in the military impact divorce?

Any marriage is a private civil matter, and therefore, issues arising within a marriage should be addressed in the way that the two spouses involved see fit. Going through a divorce as a member of the military is theoretically no different from any other divorce, but there are some military-specific issues that should be taken into account.

There are several military services that could help support you and your spouse when you are going through the process of divorce. However, the military considers divorce to be a private matter that should be dealt with by the courts.

Can I confiscate my divorcing spouse's military ID card?

Many military members think that they have the right to confiscate their spouse's military ID card when they file for divorce. However, this is not the case. If you take your divorcing spouse's military ID card from them, you could be charged with larceny.

Will my military pension be subject to division?

All retirement benefits are considered marital property, whether they are linked to military service. In California, the process of asset division is based on the concept of community property.

Does the military enforce unpaid child support and alimony?

If a military service member falls short of their support obligations, they will be guilty of "service-discrediting" misconduct in the military.

If you are going through a divorce as a military service member or a military spouse, it is important that you understand how military involvement can affect a divorce. Make sure that you understand your rights so you can enforce them when necessary.

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