The military lifestyle can strain even the strongest relationships. As a result, divorce is relatively common among service members, and there is no shame in pursuing one if you’re unhappy in your marriage. Because of the nature of serving, though, getting divorced poses certain challenges. If you’re a soldier, sailor, airman, Marine, or coast guardsman—or you’re married to one—it’s natural to have a lot of questions about military divorce proceedings. Here are the answers to a few of them to help you get started on the road to happiness. 

Common Concerns About Military Divorces

Is a civilian spouse entitled to some portion of the service member’s retirement?

There are a lot of misconceptions about how retirement benefits are distributed between spouses in the event of divorce. For example, many people assume if the couple has been married for 10 years, the civilian spouse will automatically receive 50% of the service member’s retirement. Since every couple’s situation is different, though, every separation agreement is, too. Therefore, whether a civilian spouse will receive some portion of the retirement benefits depends on a number of factors. A family law attorney can go over your personal situation and make an assessment.

Can active-duty service members get primary custody?

Although it can be more challenging for service members than civilians to get primary custody, it is not impossible. As with any child custody case, the judge will prioritize the best interests of the children above all else. Service members who want primary custody must demonstrate how they will provide a safe, secure, and comfortable home for their kids. They must also show that they have contingency plans in place should they have to leave for training or a deployment. 

Can civilian spouses retain their military benefits?

Whether civilian spouses can retain their benefits after finalizing a divorce depends on the circumstances. Determining factors include the service member’s branch, the duration of the marriage, and the duration of the service member’s career. Typically, civilian spouses are entitled to benefits if the marriage lasted for at least 20 years and if, during that time, the other party served for at least 20 years. 

Can I file for military divorce while my spouse is deployed?

In certain circumstances, it may be possible to file for divorce while your spouse is deployed. If you already have a separation agreement in place, for example, and your spouse wants to proceed with the divorce as well, it is feasible. Otherwise, it may be necessary to wait until the deployment has ended, especially if your spouse is likely to contest the divorce. 

If you want to pursue a military divorce in Alabama, turn to Donna C. Crooks Attorney At Law. With more than two decades of experience, this strategic divorce attorney represents clients throughout Dothan, Enterprise, and the surrounding areas. Whether you’re stationed at Fort Rucker or your spouse has moved the whole family to Maxwell-Gunter Air Force Base, she can help you achieve a fresh start. To learn more about her military divorce services, visit her website or call (334) 598-9534 to schedule an initial consultation today.