Military divorces involve unique legal and practical challenges that set them apart from civilian cases. Libby O’Brien Kingsley & Champion (LOKC) is a veteran-owned and operated law firm that deeply appreciates the complexities and sacrifices of military service—and how it impacts divorce, custody, and support decisions.
Key Differences in Military Divorce:
- Jurisdiction: Active-duty military members often reside in one state but maintain legal residency in another. Determining the proper jurisdiction to file a divorce can be complex, especially across New England states. We help clients navigate these choices strategically.
- Military Pension and Benefits Division: Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts may (Not guaranteed!) divide military retirement pay in divorce—but how and when it can be divided depends on strict federal and state rules. For instance, the “Frozen Benefit Rule” applies to cases after 2017 and limits division to the rank and years of service at the time of divorce, not retirement.
- Child and Spousal Support: While military pay may include housing and special duty allowances, support calculations must account for all forms of compensation. The military also imposes its own interim support guidelines before court orders are in place.
- Custody & Geographical/Logistical Concerns: Service members face unique custody concerns due to deployments and relocations. Laws like the Servicemembers Civil Relief Act (SCRA) can delay proceedings during active duty. State-specific laws in ME, NH, and MA also address parenting time modifications for deployed parents.
- Survivor Benefit Plan (SBP): A court order must specifically address SBP coverage for the former spouse to preserve those benefits upon retirement or death. Timing and language are critical.
Why Choose LOKC for Your Military Divorce?
Simply put, we understand the demands of military service because our attorneys have served and continue to serve. LOKC is a veteran-owned and operated law firm humbly representing veterans, reservists, and guardsmen, as well as military spouses and retirees throughout New England. We pride ourselves on having a wealth of experience in both family and military law. Accordingly, whether you are a service member or a spouse, we look forward to guiding you through this complex process with competence and compassion. Please contact us today at (207) 985-1815 to schedule a consultation.
