Maryland Divorce Patterns in Military Marriages

Military marriages face unique pressures that civilian marriages don't experience. Between frequent moves, long deployments, and the stress of military life, service members and their spouses deal with challenges that can strain even the strongest relationships. When these marriages end in divorce, the process becomes even more complicated because military divorces must follow both state laws and federal regulations. Understanding Maryland divorce patterns in military marriages helps service members and their spouses navigate this difficult process while protecting their rights and benefits.

What Makes Military Divorces Different from Civilian Divorces

Military divorces are fundamentally different from civilian divorces in several important ways. While all divorces involve emotional stress and legal complexity, military divorces must consider federal laws, military regulations, and the unique lifestyle demands placed on service members and their families.

The main differences between military and civilian divorces include jurisdiction issues (where the divorce can be filed), special protections for active duty service members, division of military retirement benefits, and consideration of military allowances when calculating support. Maryland state courts handle military divorces, but they must also follow federal laws that protect military members and their families.

One of the biggest challenges in military divorces is simply determining where to file. Military families move frequently due to permanent change of station (PCS) orders, which means they might not have deep roots in any single location. Unlike civilian couples who typically file for divorce where they currently live or where they were married, military couples must navigate complex jurisdiction rules.

In Maryland, at least one spouse must be stationed in Maryland or be a resident of Maryland to file for divorce in the state. This can become complicated if one spouse has been transferred to another state or country, or if the couple has lived in multiple states during their marriage. The location where you file matters because different states have different laws about property division, alimony, and other important issues.

Federal Laws Governing Military Divorce

Two major federal laws shape how military divorces work across all states, including Maryland. These laws were created specifically to protect service members and their families, and they override state laws in certain situations. Understanding these laws is crucial for anyone going through a military divorce.

Uniformed Services Former Spouses Protection Act (USFSPA)

The Uniformed Services Former Spouses Protection Act is the most important federal law affecting military divorces. Passed by Congress in 1982, the USFSPA allows state courts to treat military retired pay as marital property that can be divided between spouses during divorce.

Before the USFSPA, military retirement benefits belonged entirely to the service member, and former spouses had no legal claim to them regardless of how long the marriage lasted. This created financial hardship for many former military spouses who had supported their partners' careers for years or even decades.

Key Points About the USFSPA:

The USFSPA doesn't require courts to divide military retirement pay, it simply allows them to do so. Whether retirement pay is divided and how much the former spouse receives is decided by state law and the specific circumstances of each case.

The famous "10/10 rule" is part of the USFSPA. This rule states that a former spouse can only receive direct payment of retirement benefits from the Defense Finance and Accounting Service (DFAS) if the couple was married for at least 10 years AND those 10 years overlapped with at least 10 years of military service. If this requirement isn't met, the former spouse might still be entitled to a portion of retirement pay, but the service member would have to pay it directly rather than DFAS sending separate payments.

The maximum amount that can be paid to a former spouse under normal circumstances is 50% of the service member's disposable retired pay. However, if there are also garnishments for child support or alimony, the total amount withheld cannot exceed 65% of the member's disposable retired pay.

It's important to understand that the USFSPA applies to military retired pay, not regular active duty pay. Service members must be retired from military service for these rules to apply. For active duty members going through divorce, their current pay and allowances are treated differently.

Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act provides important legal protections for active duty military members, including in divorce cases. Originally passed during World War II as the Soldiers and Sailors Civil Relief Act, it was updated and renamed in 2003.

The SCRA allows active duty service members to delay or postpone court proceedings, including divorce cases, while they're on active duty and for up to 90 days after their active duty ends. This protection ensures that service members aren't divorced without their knowledge or held in default (meaning they lose automatically) simply because they couldn't appear in court due to military obligations.

How the SCRA Affects Divorce Cases:

If a service member is served with divorce papers while on active duty, they can request that the court postpone the proceedings. The court must grant this request if the service member's military duties materially affect their ability to appear and if they'll be able to appear within 90 days after their active duty ends.

However, service members don't have to use this protection if they don't want to. They can waive their SCRA rights and allow the divorce to proceed normally. Many service members do this if they want to finalize the divorce quickly or if they've already worked out an agreement with their spouse.

The SCRA also affects how service members must be served with legal papers. While the specific requirements vary by state, military members generally must receive proper notice of divorce proceedings, and their commanding officer may need to be notified as well.

For custody cases, the SCRA is particularly important. Courts cannot use a service member's deployment or military duty as the sole reason to permanently change custody arrangements. Temporary modifications might be made during deployment, but the original custody order should generally be reinstated when the service member returns.

The 10/10 Rule and Military Retirement Benefits

The "10/10 rule" under the USFSPA is one of the most important concepts in military divorce, but it's also one of the most misunderstood. Many people incorrectly believe that if they weren't married to a service member for 10 years, they can't receive any portion of military retirement. This isn't true.

What the 10/10 Rule Actually Means

The 10/10 rule determines whether a former spouse can receive direct payment of their share of military retirement from DFAS. To qualify for direct payment:

• The marriage must have lasted at least 10 years
• At least 10 years of the marriage must have overlapped with 10 years of creditable military service

If these requirements are met, DFAS will send separate checks directly to both the service member and the former spouse. This is convenient because the former spouse doesn't have to rely on the service member to forward their share.

However, if the 10/10 rule isn't met, the former spouse might still be entitled to a portion of retirement benefits under state law. In these cases, the service member receives the full retirement check and is responsible for paying the former spouse's share directly. The divorce decree should specify the amount and how it will be paid.

How Courts Divide Military Retirement

When deciding how to divide military retirement benefits, Maryland courts treat them as marital property subject to equitable distribution. The portion of retirement benefits earned during the marriage is generally considered marital property, while any benefits earned before marriage or after separation might be considered separate property.

Courts use various formulas to calculate the former spouse's share. A common formula divides the retirement by taking the years of marriage during military service, dividing by total years of service, then multiplying by 50% (or whatever percentage the court deems equitable).

For example, if a couple was married for 15 years during which the service member served 20 years before retiring, the calculation might be: (15 ÷ 20) × 50% = 37.5%. The former spouse would receive 37.5% of the service member's retirement benefits.

The 20/20/20 and 20/20/15 Rules

Beyond the 10/10 rule, military spouses should understand the "20/20/20" and "20/20/15" rules, which govern whether former spouses can continue receiving certain military benefits after divorce.

The 20/20/20 Rule

Under the 20/20/20 rule, a former spouse can retain full military benefits (including TRICARE health coverage, commissary and exchange privileges, and other benefits) if:

• The couple was married for at least 20 years
• The service member performed at least 20 years of creditable service
• There was at least 20 years of overlap between the marriage and military service

Former spouses who meet the 20/20/20 criteria maintain these benefits indefinitely, unless they remarry. These benefits are extremely valuable, especially the healthcare coverage through TRICARE, which is often much better and more affordable than civilian health insurance.

The 20/20/15 Rule

The 20/20/15 rule provides temporary benefits to former spouses who almost meet the 20/20/20 requirements:

• The couple was married for at least 20 years
• The service member performed at least 20 years of creditable service
• There was at least 15 years of overlap between the marriage and military service

Former spouses who meet the 20/20/15 criteria can keep TRICARE health coverage for one year after the divorce is final. After that year, they lose military healthcare access unless they qualify under other provisions.

Survivor Benefit Plan (SBP)

The Survivor Benefit Plan is another critical consideration in military divorces that's often overlooked until it's too late. The SBP is a form of insurance that allows a portion of a service member's retirement pay to continue to a beneficiary after the service member's death.

Without SBP coverage, when a retired service member dies, their retirement pay stops completely. This can create severe financial hardship for surviving spouses who were depending on that income. With SBP coverage, the surviving beneficiary receives a lifetime annuity equal to 55% of the chosen base amount.

SBP in Divorce

When military couples divorce, they must decide what happens to SBP coverage. Courts can order service members to maintain SBP coverage for their former spouse, or divorcing spouses might negotiate this as part of their settlement.

Custody and Visitation Challenges in Military Families

Child custody is one of the most emotionally difficult aspects of any divorce, but military divorces present unique custody challenges that civilian divorces don't face.

Jurisdiction for Custody Cases

Most states, including Maryland, follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law typically gives jurisdiction to the child's "home state", the state where the child has lived for at least six consecutive months before the custody case is filed.

For military families who move frequently, determining the home state can be complicated. If a family has lived in three different states in the past two years due to military transfers, which state should decide custody? Courts look at where the child has the most significant connections and where the most evidence about the child's care is located.

Deployment and Custody

One of the biggest concerns for service members is whether deployment will cause them to lose custody of their children. Federal and Maryland state laws protect service members from losing custody solely because of military service or deployment.

Key Protections for Service Members:

Courts cannot use deployment or military duty as the sole factor to make permanent custody changes. Temporary modifications might be necessary during deployment, but the original custody arrangement should generally be restored when the service member returns.

Service members should create a Family Care Plan that designates who will care for their children during deployments or training. While not legally binding as a custody order, family care plans show the court that the service member has made responsible arrangements for the child's care.

Many states, including Maryland, have enacted laws specifically protecting service members' custody rights during deployment. These laws recognize that military service is honorable and temporary absences shouldn't permanently damage the parent-child relationship.

Virtual Visitation and Long-Distance Parenting

Modern custody agreements in military divorces often include provisions for virtual visitation through video calls, FaceTime, or other technology. This allows deployed or stationed-away parents to maintain regular contact with their children even when physical visitation isn't possible.

Courts are becoming more flexible about using technology to maintain parent-child relationships. Custody orders might specify that children must be available for video calls at certain times, or that the custodial parent must facilitate communication between the child and the deployed parent.

Property Division in Military Divorces

Like civilian divorces, military divorces must address property division. Maryland is an "equitable distribution" state, which means property acquired during the marriage is divided fairly (though not necessarily equally) between the spouses.

What Counts as Marital Property

In military divorces, marital property typically includes:

Standard Assets:

• Family home and other real estate
• Vehicles
• Bank accounts and savings
• Household furnishings and personal property
• Investments and stocks

Military-Specific Assets:

• Military retirement benefits (earned during marriage)
• Thrift Savings Plan (TSP) accounts
• Federal Employee Retirement System (FERS) accounts for civilians working for DOD
• Unused leave (sometimes)

The challenge in military divorces is properly valuing and dividing retirement accounts. Military retirement systems are different from civilian pensions, and special orders called Qualified Domestic Relations Orders (QDROs) might be needed to divide them without triggering tax penalties.

For Thrift Savings Plans, which are the military equivalent of 401(k) retirement accounts, courts can divide them using retirement benefits court orders. These must be carefully drafted to comply with TSP rules.

Protecting Your Rights in Property Division

Military spouses who have moved frequently to support their service member's career may have limited separate property or retirement savings of their own. Courts should consider these contributions when dividing property.

Non-military spouses should document their contributions to the marriage, including times they sacrificed their own career advancement for military moves, times they managed the household alone during deployments, and any other ways they supported the service member's military career.

Filing for Divorce When Your Spouse Is Stationed Away

One practical challenge in military divorces is serving divorce papers when your spouse is stationed far away or deployed overseas. Maryland requires that the non-filing spouse be properly notified of the divorce action.

Serving an Active Duty Military Member

For military divorces, the service member must be personally served with divorce papers unless they agree to waive formal service. This means the papers must be hand-delivered to them, which can be challenging if they're stationed in another state or country.

If the divorce is uncontested (meaning both spouses agree), the military spouse can sign a waiver of service, which eliminates the need for personal delivery. This is the simplest option and should be pursued when possible.

If personal service is required and you don't know where your military spouse is stationed, you have several options:

Locating Your Military Spouse:

• Use your spouse's Social Security number to work with base locator services
• Contact the recruiting office where they enlisted
• Reach out to their last known command or commanding officer
• Work with a family law attorney who has experience locating military members

Once located, papers can be served through official channels, often with assistance from the military's legal assistance offices.

Current Divorce Patterns and Statistics in Military Marriages

Gender and Military Divorce

Interestingly, gender plays a significant role in military divorce patterns. Female service members experience much higher divorce rates than their male counterparts. Nearly 10% of married female service members divorced in recent years, compared to about 3% of male service members.

This pattern likely reflects different pressures on families where women are the military members. Research suggests that male civilian spouses may have more difficulty adapting to the military lifestyle, including frequent moves and taking on the primary caregiver role, which traditionally has been filled more by women.

Impact of Deployment

Divorce rates have risen during periods of heavy combat operations, particularly during the Iraq and Afghanistan wars. The military divorce rate reached a 12-year high in 2011, with one in every 27 married troops getting divorced that year.

Extended deployments strain marriages in ways that normal absences don't. Combat stress, post-traumatic stress disorder (PTSD), injuries, and the difficulty of readjusting to family life after deployment all contribute to marital problems.

Age and Marriage Duration

Military members who marry young face higher divorce risks, similar to civilian populations. Service members who marry before age 23 have substantially higher divorce rates than those who marry later.

Additionally, marriages during the first few years of military service are at the highest risk for divorce. The combination of youth, a new marriage, and the stresses of military life creates particular vulnerability.

Working with Attorneys

Given the complexity of military divorce, working with an attorney who has specific experience with military divorce in Maryland is highly recommended. Not all family law attorneys understand the intricacies of federal military laws, and mistakes can be costly.

An experienced military divorce attorney will:

• Understand both Maryland state law and federal military regulations
• Know how to properly divide military retirement benefits
• Be familiar with the USFSPA, SCRA, and other relevant federal laws
• Understand military pay structures and allowances
• Have connections with military legal assistance offices
• Know how to address deployment and custody issues
• Understand the importance of timing regarding the 20/20/20 rules and SBP elections

Maryland has several military installations, including Fort Meade, Aberdeen Proving Ground, Naval Air Station Patuxent River, and Joint Base Andrews, so many attorneys in the state have developed expertise in military divorce.

Navigating Military Divorce in Maryland

Maryland divorce patterns in military marriages reveal the unique challenges that service members and their families face when marriages end. These divorces require navigating both Maryland state law and complex federal regulations, from the Uniformed Services Former Spouses Protection Act to the Servicemembers Civil Relief Act.

Military spouses must understand crucial rules like the 10/10 requirement for direct payment of retirement benefits, the 20/20/20 rule for maintaining military benefits, and the importance of Survivor Benefit Plan designations. Active duty service members must protect their rights under the SCRA while meeting their obligations for child support and property division.

The slightly higher divorce rates in military marriages compared to civilian divorces reflect the unique stresses of military life, frequent relocations, extended deployments, combat stress, and long separations. Female service members face particularly high divorce rates, while all service members marrying young experience elevated divorce risk.

Despite these challenges, resources exist to help military families navigate divorce. Military legal assistance offices, family support programs, and experienced civilian attorneys can guide families through this difficult process while protecting their rights and benefits.