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Things To Think About When Divorcing Your Spouse in the Military

Posted by Amy Hayes | May 21, 2022 | 0 Comments

Divorce is one of the most traumatic experiences someone can go through.  When you or your spouse is in the military, the divorce process is even more intimidating and complex because you need to understand state law and federal statutes to make sure you receive what you are entitled to. 

How is military divorce different than civilian divorce?

All family law matters are governed by Oklahoma state law, but service members are offered protection by numerous federal statutes as well. In addition to Oklahoma property division laws, the Uniformed Services Former Spouses' Protection Act "USFSPA" govern how military families couples calculate and divide military benefits upon divorce.  If the service member and spouse have been married for 10 years or longer while the member has been active duty, the spouse will be eligible to receive military retirement benefits directly from Defense Finance and Accounting Service ("DFAS").  Courts have discretion to divide military retirement benefits if length of marriage less than 10 years, but the payment comes from the retiring spouse instead of DFAS.

Can I file for a divorce in Oklahoma when my spouse is stationed here?

U.S. Service members that are either living or stationed in Oklahoma can file for divorce here.  

What additional benefits are potentially applicable in a military divorce that are not applicable to a civilian?

Spouses married to former military members are also eligible for Tricare (medical coverage) and base privileges, when the following requirements are met: A.) the marriage last for at least 20 years; B.) the service member has been in the military a minimum of twenty years; C.) the period of the marriage and military service overlap.  Note, these benefits end if you remarry.

If you are contemplating divorcing a spouse in the military call/text Hayes Legal Solutions, PLLC at 405-635-5578 to help you come-up with a plan for for a fresh start.

About the Author

Amy Hayes

Hayes Legal Solutions, PLLC is owned by Amy Hayes, she is also known by some as Amy Hayes-Thompson. She has been licensed to practice law in Oklahoma since 2003. Amy started Hayes Legal Solutions to make legal services more accessible and affordable to Oklahomans. Family Law, LGBTQ Family Law, Real Estate Law, Oil &Gas Law, Small Business Contracts, and Renewable Energy Law are her primary practice areas.


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