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So you and your spouse have decided that your marriage is no longer viable and it is time for a divorce. Many divorces can be messy and unpleasant and can get even worse when you don’t have a full view of the situation. Another minor problem, you’re in the military or your spouse is. 

Getting a divorce while one of the parties is in the military may or may not be a complicated endeavor. It all depends on how the parties handle it, but there are some things to be aware of.



Members of the military are entitled to some benefits as part of their contract of enlistment. Depending on how long you’ve been married and how long they served, you may be eligible to receive some of the same benefits.

Quoting directly from Military One Source, former spouses that were never in the military are eligible to receive access to medical care, commissary/exchange, and/or the base theatre if they meet certain requirements. Those requirements are listed in The Uniformed Services Former Spouse Protection Act, which outlines what is known as the 20/20/20 rule.

  • The former spouse was married to a military member for at least 20 years at the time of the divorce, dissolution or annulment.
  • The military member has performed at least 20 years of service that is creditable in determining eligibility for retired pay (the member does not have to be retired from active duty).
  • The former spouse was married to the member during at least 20 years of the member’s retirement-creditable service.



Custody of children may be a difficult course to navigate as the military member will still likely have to deploy from time to time. It is best to consult with an attorney to ensure that the child custody plan is both actionable and fair. 

Whatever your cause for divorce, the priority is letting you and your former spouse get on with their new lives and care for any children you had together in the most amenable and affable way possible. 


In closing, seeking help from an exemplar legal team like the one at Hernandez-Cook, ensures that you’re able to navigate the obstacles that come with any type of divorce or child custody dispute, whether it involves a member of the military or not. 

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