Military Divorce
Trusted family law expertise, where your family's future comes first.
Your family, our priority.
Equitable Military Asset Division and Safeguarding Your Benefits
Divorces are often difficult, but may be even more difficult when they involve active members of the military. While the process of filing for divorce is generally the same when one or both spouses are members of the military as for non-military couples, there are some unique issues surrounding the classification and equitable distribution of military marital assets.
For military divorces, the filing for divorce must happen in the state where the military spouse is domiciled. The Uniformed Services Former Spouses’ Protection Act states that the state where the military spouse resides is the only state authorized to divide military assets, such as the military pension, in the event of a divorce. Additionally, Virginia law requires an individual to be a resident of Virginia for at least 6 months before filing for divorce.
A spouse’s military pension is considered property during a divorce and the non-military spouse will typically receive 50% of the marital share of the military pension. The marital share begins when the marriage begins or when the military spouse enrolled in the military, whichever is later, and ends on the date of separation or divorce.
A Survivor Benefit Plan is created by the military for one beneficiary to ensure that a non-military surviving spouse receives 55% of the military spouse’s base pay after their death. When a couple divorces, the military spouse must decide whether the benefits will go to the non-military spouse involved in the divorce or be withheld for a potential future spouse. If the military spouse decides to have the benefits go to the non-military spouse, an election form must be filed to ensure the benefits go to the non-military spouse after the divorce.
A Thrift Savings Plan is a version of an IRA savings account that is a military asset during a divorce. Funds in a Thrift Savings Plan can either be divided during divorce proceedings or given to one spouse in exchange for another marital asset.
Schedule a consultation today to determine the best strategy for reaching your goals.
It is always a good idea to consult with a family law attorney when involved in divorce proceedings. However, especially for couples with at least one military spouse, it’s important to consult a family law attorney experienced in military divorces and familiar with the types of issues that may arise. Joanna Foard has experience working with service members and military spouses and can help you navigate the process.
Excellent and timely representation
Ms. Foard assisted with a prenuptial agreement and provided excellent service in an efficient and friendly manner. I am exceedingly pleased with the quality of the representation. She also did not engage in any type of bill inflation and was exactly on point with her initial costs estimates. Thank you very much!
She Didn’t Just Represent Me—She Looked Out for Me!
I just want to say I’m truly grateful for the way Joanna handled my case. She was thoughtful, patient, and sharp—really on top of things from start to finish. What stood out to me most is how she stayed ahead of issues before they even had a chance to become problems, and made sure my needs were always taken care of. Going through a divorce isn’t easy, but having someone in your corner who genuinely cares and knows exactly what they’re doing makes all the difference. Joanna isn’t just an excellent attorney—she’s a good person, and that meant a lot to me. I also appreciate the strong team she put together, which delivered ahead of schedule, on little notice. Thank You!!
Hire Her
I recently consulted with Joanna regarding my potential divorce, and I cannot say enough positive things about my experience. From the very beginning, she was warm, approachable, and genuinely understanding of the difficult and emotional circumstances I’m facing. She took the time to really listen to my concerns, especially as they relate to my children, and made me feel heard and supported. At the same time, it was clear that Joanna is a fierce and capable advocate. She demonstrated a deep knowledge of the legal issues that could arise given my specific situation and thoughtfully walked me through the process, potential challenges, and realistic expectations. She explained everything in a way that was clear and reassuring, without minimizing the seriousness of what lies ahead.
Cannot recommend Joanna more highly
From the start, I knew Joanna was the right fit. She was firstly very responsive at a time of high anxiety for me. Joanna never pushed me to choose the most costly solution, she made recommendations that were tailored to my situation instead. She listened very carefully to all of the details, including my thoughts and feelings on the matter and was able to expertly guide and advise me to make clear decisions. Having her by my side made me feel confident during an extremely difficult time.
Excellent and timely representation
Ms. Foard assisted with a prenuptial agreement and provided excellent service in an efficient and friendly manner. I am exceedingly pleased with the quality of the representation.
She Didn’t Just Represent Me—She Looked Out for Me!
I just want to say I’m truly grateful for the way Joanna handled my case. She was thoughtful, patient, and sharp.
Hire Her
I recently consulted with Joanna and had an excellent experience. She was warm and knowledgeable.
Cannot recommend Joanna more highly
From the start, I knew Joanna was the right fit. She was responsive and guided me clearly.