Edmond Military Divorce Lawyers

The men and women who serve our country in the United States Armed Forces do so at great personal cost and sacrifice. Sometimes, the unfortunate result of that sacrifice is the end of their marriages. Whatever the reason for a divorce, the spouses deserve legal counsel who is both personally compassionate and professionally capable of handling the multitude of nuances involved in a military divorce. The lawyers at The Smith Firm bring over 15 years of experience to the table. We can help military spouses work towards a fair settlement. 

Call our Edmond office at (405) 331-7884. We work with military personnel throughout the Oklahoma City area and all of Oklahoma County.

Key Laws in Military Divorce

Several federal laws address the rights and protections of both service members and their spouses: 

• Uniformed Services Former Spouses' Protection Act (USFSPA): The USFSPA allows state courts to divide military retirement pay as a marital asset during divorce proceedings. 
• Federal Service Members Civil Relief Act (SCRA): The SCRA protects active-duty service members from being unfairly disadvantaged in legal proceedings, including divorce. One protection allows for case delays or stays if active-duty responsibilities make it necessary.
• Uniform Deployed Custody and Visitation Act: This act provides consistency in custody and visitation arrangements for deployed parents. A key provision prohibits permanent custody changes solely due to a parent’s deployment. 

These laws are designed to protect both the interests of service members and the rights of their families, creating a framework for fair resolutions. 

Unique Issues in a Military Divorce

Here are just a few of the ways military divorce can take on a different dynamic that a divorce involving civilian spouses: 

Military Pensions and Retirement Accounts

One result of the USFSPA is that military pensions can be included in the property division, subject to Oklahoma law on the equitable distribution of assets. For a former spouse to receive direct payments from the Defense Finance and Accounting Service (DFAS), the marriage must have overlapped with at least 10 years of service—a rule known casually as “the 10/10 rule.” 

VA Disability Benefits 

VA disability benefits are a contentious issue in many divorces. These payments are not divisible as marital property under federal law. However, they can still influence other financial determinations, like spousal support or child support calculations, since they reflect the service member’s income stream. Courts often include this income when calculating support obligations. 

Additionally, if a service member waives retirement pay in favor of VA benefits, it can reduce the retirement funds divided during the settlement, potentially affecting the former spouse’s financial share. 

Relocation Challenges 

The frequent relocations that are a reality of military life pose unique challenges in a divorce settlement, particularly regarding child custody and visitation. Courts will prioritize the best interests of the child as they seek to consider the service member’s obligations fairly. 

Custom parenting plans, including virtual visitation arrangements, are common solutions. Relocation requests may require legal approval, which hinges on demonstrating how the move serves the child’s best interests. Flexibility and open communication, paired with legal support, are often vital to managing these challenges effectively.