When one or both spouses are serving in the military and they decide to go their separate ways, their divorce process can be more complex than most divorces navigated by purely civilian couples.
In New Hampshire, military service can affect many aspects of a divorce, including jurisdiction, the division of benefits, custody arrangements and the timing of proceedings. Understanding these concerns is important. Without a clear understanding of what distinguishes military divorces, one or both spouses can struggle with setting expectations and moving forward in healthy, informed ways.
The basics
In New Hampshire, either spouse must meet the state’s residency requirements to file for divorce. For active-duty military members who move frequently or are stationed out of state, this can raise questions about jurisdiction. Fortunately, New Hampshire allows service members to file if they are stationed in the state, even if they are not permanent residents. A spouse may also file in the state where the service member claims legal residence.
Service of process can also be complicated. The Servicemembers Civil Relief Act (SCRA) provides protections for active-duty members by allowing them to delay divorce proceedings if their duties prevent them from participating. This helps to ensure they are not disadvantaged legally while deployed or otherwise unable to attend court proceedings.
Military divorces also involve the division of military pensions and benefits. In New Hampshire, these are treated as marital property and may be subject to equitable distribution. However, dividing a military pension requires understanding federal rules, particularly the Uniformed Services Former Spouses’ Protection Act (USFSPA). This law governs how military retirement pay can be shared in divorce and outlines requirements for direct payment from the Defense Finance and Accounting Service (DFAS).
Health benefits, such as TRICARE, may also be affected. A former spouse may retain eligibility under certain conditions, such as the 20/20/20 rule: 20 years of marriage, 20 years of military service, and 20 years of overlap. If those requirements are not met, other transitional options may be available, though they may require additional planning.
Child custody and visitation present another set of challenges. Military duties and deployments may impact a parent’s availability. Courts may establish flexible parenting plans, including virtual visitation, to accommodate a military parent’s schedule while preserving their parent-child bond.
Military service adds a unique dimension to divorce, but those who plan ahead and seek knowledgeable legal guidance can navigate the process more smoothly. If you and your spouse are divorcing and at least one of you is serving, an attorney experienced in both New Hampshire family law and military-specific issues can help protect your rights and ensure that your divorce agreement reflects your service, your sacrifices and your future goals.
