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What should veterans know before filing for divorce?

On Behalf of | Jan 22, 2025 | Divorce

For veterans, there are specific considerations that can make the divorce process even more complex. Whether you have served a few years or are a retired military veteran, understanding the nuances of divorce proceedings can help you be better prepared for this difficult time. What should you know?

Divorce could mean dividing your pension.

The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows courts to divide military retirement benefits during divorce. This means that the court can divide your pension or your Thrift Savings Plan (TSP) along with other assets. As a result, you should carefully consider these financial issues to ensure that you remain on track for retirement.

The court could order you to provide Survivor Benefit Plan (SBP) coverage to your ex.

In addition to receiving a portion of their former spouse’s retirement benefits, former spouses of servicemembers can receive income through the SBP. If the court orders you to cover your former spouse and you remarry, you cannot list your new spouse as the beneficiary.

Divorce could impact your existing mental health challenges.

Veterans may also face mental health challenges such as PTSD, anxiety and depression. The stress of divorce can make these struggles worse. It is crucial for veterans to have access to mental health resources and support systems during this time.

You may need to think more about your housing.

Veterans need to think about where they plan to live after the divorce, especially if they have been living on-base or using military housing. Transitioning to civilian housing requires planning and adjustment. Understanding the available resources, such as VA loans for home buying, can be incredibly helpful.

Because military divorces can be complex, veterans should seek legal guidance when approaching the divorce process. An experienced attorney can advise them on the specific issues that servicemembers and veterans face during the divorce process.

Divorce is never easy, and veterans need to consider specific issues when approaching the divorce process. However, learning more about your rights can help you lay the foundation for a more successful future.