Divorce and the military: How does it work?

Are military divorces different to civilian divorces?

Civilian divorces and military divorces follow the same core process of ending the marriage and the allocation of assets. However, a military divorce presents unique situations and assets that need to be considered. This includes but is not limited to:

• Service pension,
• Military housing,
• Financial contributions and earning potential,
• Specialist child arrangements.

A service pension in a divorce is a complicated financial asset that requires expert guidance from experienced family lawyers. There are options regarding how a service pension is handled such as a pension sharing order, where a percentage of the pension is transferred to the other spouse, and a pension attachment order, where the ex-spouse receives a portion of the pension income when it is drawn. Our family law experts can advise what option best suits your personal circumstances and offers alternative options if required.

Military housing is also an important difference between civilian divorces and military divorces. If the non-military spouse is living in military housing, they may have limited time to vacate the property which means there needs to be more consideration as to where each spouse will live, and how this will impact child arrangements.

Financial contributions and earning potential are a special consideration in military divorces as some spouses will have sacrificed career opportunities due to military life, and this may be considered during the financial settlement.

What rights does a military spouse have?

As in a civilian divorce, in a military divorce both parties are entitled to a fair division of marital assets and financial resources. This includes:

• Property
• Savings
• Pensions
• Other assets accumulated during the marriage

Military spouses may also be entitled to more financial support depending on their individual circumstances. If they are unable to gain employment due to a lack of employment history, they could be entitled to spousal support and benefits from the government.

What happens when you divorce a member of the Armed Forces?

When divorcing a member of the Armed Forces, the process is the same as any other person getting divorced. It requires a court application and negotiations or court proceedings to resolve financial matters and child arrangements. There are some special considerations made regarding pensions, finances, and child maintenance based on a couple's unique circumstances and potential impacts on child due to deployments. As these can be complex, it is vital you retain specialist legal representation who have experience with military divorces, such as our family team who understand the complexities with military divorces.

What happens if I'm living in military-provided housing when I get divorced?

If you are living in military provided housing and getting divorced, your right to live there is likely to be impacted. You will be given a notice to vacate which is typically 93 days, in which time you will need to find alternative accommodation, however this can differ if you have children.

Your entitlement to military housing is tied to your relationship status and whether you have children. If your children live with you in this housing, your entitlement may be extended, however it will not if they move out. You will be expected to find another place to live which your local authorities can help with.

If the house is not provided by the military, but owned by both or one of the spouses, the property will be dealt with in the same way as any other divorce.

What am I entitled to in a military divorce?

In a military divorce, you are entitled to a division of assets, similar to that of a civilian divorce. Within the divorce process, a fair division of assets can be expected based on the needs of each party. Assets that are looked at include service pension, property and investments. Factors that are likely to be considered when dividing assets include the length of the marriage, financial needs and potential of each spouse, and the standard of living during the marriage to determine a fair settlement.

How do I get a divorce in the military?

To get a military divorce, the process begins with applying through a "no-fault" application stating the marriage has irretrievably broken down. The divorce will be processed through civil courts, similar to civilian divorces and you will need to obtain a Conditional Order (formerly decree nisi). This shows that the court finds no legal reason why you cannot be divorced.

You will then be given a waiting period of at least 43 days (6 weeks and 1 day) after the conditional order before you can apply for the final order. In this time, matters such as finances and asset division are handled.

It is recommended to resolve finances before the final divorce order, as waiting can lead to complications and potential disadvantages in decision making in the rush to complete agreements and finalise the divorce.

Speak to our experts

When going through a military divorce, it is imperative to reach out to legal experts who have experience in handling such complex matters. Our team of family law experts have been supporting military families for decades, helping find the best ways to move forward when life changes. Our experts in military divorce can offer specialist advice and guide you through the divorce process.

If you are a serving member of the Armed Forces, our Family Law Team offer discounted rates.

What we offer:

• 45-minute free consultation (remote)
• Reduced fixed Fee Divorce at £350 + VAT and Court fee

We have experience in:

• Separation & divorce
• Matrimonial finances
• Pensions on divorce
• Pre & post nuptial agreements
• Civil partnership & cohabitation
• Child maintenance
• Child agreements

Call us today on 0330 041 5869 or contact us online.