Military Divorce Detail
When military members divorce, their cases are influenced by two sets of laws -- state and federal laws pertaining specifically to the military. Military orders and federal laws govern many aspects of active duty life, but most family law issues -- including divorce, child custody and child support -- are governed by both federal and state law.
Military divorces are governed by a combination of federal and state law. For example, spouses can receive help from the military in getting adequate child support from a service member prior to divorce; however, once a court establishes a child support order in connection with a divorce, a judge determines how much the military member is to pay. Federal law also governs some aspects of military pensions as well as certain emergency child support orders, but state laws dictate other matters relevant to a military divorce. While state law typically determines which state has jurisdiction over a divorce, federal law dictates that child support cannot exceed 60 percent of a military member’s pay and allowances.