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Do not believe these 3 military divorce myths

On Behalf of | Dec 18, 2020 | Family Law |

Even under ideal circumstances, divorcing a spouse can be challenging. If you are in the military, though, you may encounter additional obstacles you must overcome. 

Unfortunately, there is a great deal of misinformation about military divorces. Here are three myths you should not believe. 

Myth 1. Your spouse automatically receives half your pension

You work hard for your salary and retirement benefits. If you divorce your spouse, you may believe he or she automatically receives half your pension. That may not be the case, however. 

Whether your spouse may receive half, some or none of your pension depends on a few factors. These include the following: 

  • The length of your military service 
  • The length of your marriage 
  • The overlap between the two 

Myth 2. You will lose custody of your children

As a member of the armed forces, you may have to deploy to faraway lands on short notice. While this fact may influence your parenting plans, it may not interfere with a judge’s child custody determination. 

In Alaska and most other places, judges consider the best interests of the child when settling custody disputes. This legal standard may give you similar odds of securing custody as a civilian. 

Myth 3. The military enforces your child support payments

There are many good reasons to keep current with your monthly child support payments. Staying out of trouble with your branch of the military, though, is probably not one of them. 

Enforcement of child support orders is a matter for state civilian courts. While not paying may lead to a variety of legal and other consequences, including wage garnishment, you likely do not have to worry about military enforcement actions.