Why Is Divorce More Complicated for Military Families in Ohio?
Divorce can be an emotionally draining experience and a complicated process under any circumstances. When one or both spouses are members of the military, special considerations make divorce proceedings even more complex. These factors can impact various aspects of divorce, including jurisdiction, division of assets, financial benefits, and child custody and support.
What Are the Jurisdictional Issues in an Ohio Military Divorce?
Determining the appropriate jurisdiction in which to file is the first challenge in a military divorce. Service members may be stationed in different states than their permanent homes, and military families tend to move frequently. To file for divorce in Ohio, you must have been a resident of the state for at least six months, as stated in the Ohio Revised Code, Section 3105.03 – Venue. Military members who are stationed or have their domicile (permanent residence) in Ohio may file for divorce in the state.
How Does the Servicemembers Civil Relief Act Impact a Military Divorce?
The Servicemembers Civil Relief Act (SCRA) is a federal law enacted to expedite and strengthen national defense by providing servicemembers with certain protections in civil actions, as stated by the United States Courts. For an active-duty member of the military, under SCRA, the court may postpone divorce proceedings for the duration of that party’s active duty, plus an additional period of up to 60 days. This protects members of the military from being disadvantaged in civil legal matters such as divorce because of their service commitments. The court does not automatically grant a stay of divorce proceedings; the service member must request it.
What Are the Special Financial Considerations in an Ohio Military Divorce?
When an Ohio divorce involves one or more members of the military, it is important to understand the various compensation levels and potential benefits involved. Special financial considerations in a military divorce include the following:
Division of Military Pensions as Marital Assets
Division of pensions is one of the main financial considerations in a military divorce. In Ohio, marital property is subject to “equitable distribution.” This means all assets and debts accumulated during the marriage (marital property) are divided fairly, but not necessarily equally, between the parties in a divorce. Military pensions are included in marital property and subject to division under the federal Uniformed Services Former Spouses’ Protection Act at 10 U.S. Code § 1408.
If a couple was married for at least ten years, and at least ten years of military service overlapped the marriage, the 10/10 Rule for retirement pay applies. In this case, payments are made directly to the former spouse of the service member. If the marriage does not meet the 10/10 Rule requirements, the pension can still be divided between the spouses, but payments will be made by other means, such as from the service member to the former spouse.
Survivor Benefit Plan
Military retirement pay stops with the death of the retiree. With the Survivor Benefit Plan (SBP), a military retiree can provide a continuous lifetime annuity for dependents after death. To be eligible to receive these benefits, the dependent must be named as a beneficiary. It is critical in military divorce negotiations to address the issue of whether the other spouse will be named as an SBP beneficiary. Otherwise, it could mean a significant financial loss.
Healthcare Benefits
TRICARE is a healthcare program managed by the Defense Health Agency for uniformed service members, retirees, and their families. It provides comprehensive coverage, including health, dental, and prescription medications. A spouse’s eligibility for these benefits after a divorce depends on the duration of the marriage and its overlap with military service. Under the 20/20/20 Rule, a military member’s former spouse who has not remarried may qualify for healthcare benefits if:
- The marriage lasted at least 20 years;
- The service member had at least 20 years of creditable service and
- At least 20 years of marriage overlapped the servicemember’s military service.
If the marriage and military service overlap was at least ten years but less than 20, the non-military spouse may retain TRICARE coverage for one year after a divorce, with full coverage at service member premiums.
What Are the Child Custody and Support Complications in a Military Divorce?
The relocations and deployments military families experience can complicate child custody matters. Family courts in Ohio consider the best interests of the child as a priority in determining custody arrangements. They consider factors that may include the child’s adjustment to the family home, school, and the community and the physical and mental health of all concerned. A parenting plan in a military divorce must accommodate relocations and deployments and address communications between a deployed parent and the child to maintain the relationship.
Child support is calculated with the same guidelines in a military divorce as in any other divorce. Determining a service member’s income can be more complex, however, as it may include base pay, allowances (for housing, subsistence, etc.), and special pay (additional pay for eligible active-duty members). All types of income must be included to ensure the accuracy of the child support calculations.
Do You Need an Attorney for an Ohio Military Divorce?
It is always important to have skilled legal representation in a divorce, but even more so in a military divorce with complex circumstances and special considerations. Our Ohio divorce attorneys at Lawrence Law Office have decades of experience handling family law matters, including military divorce. We are committed to efficiently guiding you through the process while protecting your rights and assets. Contact us at 614-363-1273 for the legal assistance you need.
