A military spouse is generally treated the same as any other divorcing spouse and has the same rights. However, military divorces can be more complex than their civilian counterparts, not least because of the forces pension scheme and other factors such as private schooling and service family accommodation (SFA). This article looks at the issues.
A military spouse is generally treated the same as any other divorcing spouse and has the same rights. However, military divorces can be more complex than their civilian counterparts, not least because of the forces pension scheme and other factors such as private schooling and service family accommodation (SFA). This article looks at the issues.
If you have a family law issue and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
What happens when you divorce someone in the military?
When you divorce a member of the armed forces, the process is exactly the same as that of any other person getting divorced. However, there are additional considerations such as housing and pensions that may differ from those in civilian life.
If you live in SFA and separate, the military member is duty bound to notify their unit of the separation. As a non-military member, you would normally be given 93 days’ notice to vacate the property, but in some circumstances it can be a lot less.
If you cannot rehome yourself in civilian accommodation straightaway, the local authority will provide advice and assistance with finding and arranging somewhere else to live.
If the house is not a military property, but owned by one or both parties, the property will be dealt with in the same way as any other matrimonial asset. There is no default position as to who should keep the house, but each party’s housing needs would need to be considered in light of their respective income and expenses, including that of any children.
Do I have to leave military accommodation if we are both serving?
SFA is available to serving personnel and their families. If both partners are serving in the military, the key considerations for remaining in the property would be based on eligibility and the circumstances surrounding both individuals’ postings or status.
Under UK military regulations, you and your spouse or partner would generally be eligible for SFA as long as:
- At least one of you is serving in the Armed Forces.
- You have dependent children, or you are cohabiting and registered as a couple under the appropriate procedures (the Joint Personnel Administration (JPA) system for the British Armed Forces).
If you are both serving but stationed at different locations, there are various options, including:
- The family may remain in the SFA at one partner’s duty station, even if the other is posted elsewhere. This would typically be permissible if at least one partner continues to meet the eligibility criteria above.
- Depending on your assignments, you may be able to apply for individual Single Living Accommodation (SLA) at your respective duty stations while maintaining the family home in one location, or in some cases, another SFA closer to the new assignment.
You could lose your entitlement to SFA if neither of you is eligible due to:
- Both of you leaving the military
- Moving out of the married/unmarried partnership without maintaining dependent children in the home
However, as long as at least one of you is serving and eligible for SFA, you should not need to vacate the property solely because of both of you serving.
Can a spouse serving abroad for long periods affect either child or spousal maintenance?
Child maintenance in the UK is typically calculated and enforced through the Child Maintenance Service (CMS) or through private agreements between the parents. The key factors for child maintenance are the non-resident parent’s income, the number of children, and how often they stay overnight with the non-resident parent.
If one parent is stationed abroad for long periods, it could affect child maintenance if their income changes significantly (because of allowances, bonuses, or deductions related to their overseas posting).
In addition, the parent’s ability to visit the child regularly or provide additional support is likely to be impacted by being abroad, which, if this does not include regular overnight stays, will increase the amount payable accordingly.
The military will also expect the serving parent to meet their maintenance obligations, and being stationed abroad does not exempt them from making payments.
Spousal maintenance is determined by the financial circumstances and needs of the spouse who is receiving the payments. If a spouse serving overseas experiences a significant change in their financial situation, either an increase or a decrease in income, this could affect spousal maintenance payments.
The physical absence of a spouse for long periods (e.g., because of overseas service) does not in itself justify a reduction or change in spousal maintenance unless it directly affects their financial standing.
How are military pensions treated on divorce?
Military pensions form a significant part of the financial settlement in divorce proceedings, and how they are divided depends on the couple’s financial situation and preferences. Pension sharing is the most common, providing a clean break, but pension offsetting, or attachment orders can also be used depending on circumstances. Consulting with legal and financial experts, particularly those experienced in military pensions, is important to ensure they are dealt with appropriately.
Our children are in private education funded by the military. Would this need to stop?
If your children’s private education is funded by the military, this may not necessarily need to stop following a divorce or separation, but it depends on the specific funding arrangements and eligibility criteria.
The UK military provides financial support for private education through schemes like the Continuity of Education Allowance (CEA). This allowance helps service personnel fund private schooling for their children to provide stability, particularly during frequent relocations. However, CEA eligibility is typically linked to the serving parent’s ongoing military service and specific conditions, such as the requirement for the family to live together.
If you divorce or separate, the CEA could be affected because the military may no longer consider the family as cohabiting. This could result in the cessation of the allowance, and without this financial support, continuing with private education might become challenging.
That said, if the serving parent continues to meet the criteria for CEA, particularly if they retain primary or shared custody, the allowance may still be available.
Will a spouse get a good settlement if they have given up their own earning potential to follow their military spouse from one place to another?
When deciding on financial settlements, the court focuses on what is fair and reasonable, taking into consideration both parties’ circumstances. If the non-military spouse gave up their career or potential earnings to follow the military spouse to different postings (which is often a necessity in military life), this would be a significant factor.
Courts would recognise the long-term impact this could have on the spouse’s ability to earn an income in the future. Losing career progression, missed job opportunities, or the inability to build a pension would weigh in favour of a more substantial financial settlement.
The court will also consider the non-financial contributions made by the non-military spouse, such as being the primary caregiver for children, managing the household, and providing support for the family.
Since the spouse might have difficulty re-entering the workforce, especially if they spent many years moving with the military spouse, the court might consider awarding spousal maintenance to support them until they regain financial independence.
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