Military Divorces in Tennessee
Military divorces follow the same fundamental procedures as civilian divorces in Tennessee, but additional legal protections and rules apply. Tennessee law governs aspects such as property division, child custody, and alimony, while federal laws like the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA) impact how certain matters are handled.
At Haines Family Law, our divorce attorneys has experience representing both military members and civilian spouses in divorce cases. We can help ensure that your case moves forward in a way that protects your rights and secures your financial future.
Are There Residency Requirements for a Military Divorce in TN?
To file for divorce in Tennessee, at least one spouse must have lived in the state for at least six months. However, service members and their spouses have additional options when it comes to where they can file for divorce.
A military spouse may choose to file for divorce in:
- The state where the service member is stationed.
- The state where the service member claims legal residency.
- The state where the non-military spouse currently resides.
Because different states have different laws regarding property division and spousal support, choosing the right jurisdiction is an important decision in a military divorce. Our Knoxville military divorce attorneys can review your case and help you determine the best place to file.
Does Deployment Affect Military Divorces?
Deployment and active duty obligations can complicate divorce proceedings. If a service member is deployed or otherwise unable to participate in legal proceedings, the Servicemembers Civil Relief Act provides protections to prevent a default judgment from being entered against them.
Under this law, a military member can request a stay, or temporary pause, on divorce proceedings while they are on active duty. The initial stay is 90 days, but additional extensions may be granted if military service prevents them from responding to the case.
If your spouse is deployed or you are currently serving, our attorneys can work with you to navigate the legal requirements while minimizing disruptions to your case.
How do You Divide Military Pensions and Benefits in Divorce?
One of the most important financial issues in a military divorce is how to divide military pensions, retirement pay, and other benefits. Tennessee follows equitable distribution laws, meaning marital property is divided fairly rather than split 50/50. However, military benefits are also governed by federal law.
Under the Uniformed Services Former Spouses’ Protection Act, military retirement pay is considered marital property and can be divided in a divorce. However, direct payments from the Defense Finance and Accounting Service (DFAS) are only available if the couple was married for at least 10 years, during which the service member completed at least 10 years of military service. This is commonly referred to as the 10/10 rule.
Even if a marriage does not meet the 10/10 rule, Tennessee courts can still award a portion of military retirement pay to a spouse through other means. Additionally, other benefits may be divided, such as:
- Thrift Savings Plan (TSP) accounts.
- Survivor Benefit Plan (SBP) coverage.
- VA disability benefits in some cases.
- Housing allowances and relocation assistance.
Because military benefits involve a mix of state and federal laws, it is essential to work with an attorney who understands the nuances of military divorce.
Child Custody and Support in a Military Divorce
For military families, child custody arrangements can be particularly challenging due to the possibility of deployment, relocation, and unpredictable schedules. In Tennessee, custody decisions are based on the best interests of the child. However, courts also take into account the unique demands of military service.
Key issues that may arise in military child custody cases include:
- The need for a family care plan if one parent is deployed.
- Long-distance visitation plans if one parent moves to another state or country.
- The impact of military service on a parent’s ability to provide stability.
Tennessee law prohibits courts from considering military service alone as a reason to deny custody. If you are a military parent or a spouse seeking custody in a military divorce, our attorneys can help you build a strong case that protects your parental rights while ensuring the best outcome for your children.
Child support in military divorces is calculated based on state guidelines, but military pay structures, including base pay, housing allowances, and special duty pay, must be factored into the calculations. In some cases, child support can be deducted directly from a service member’s paycheck through DFAS.
Spousal Support (Alimony) in Military Divorces
Spousal support, or alimony, may be awarded in a military divorce based on Tennessee law. The amount and duration of spousal support depend on factors such as:
- The length of the marriage.
- Each spouse’s financial situation.
- Whether one spouse sacrificed their career to support the service member’s military obligations.
A spouse may also be entitled to continued access to Tricare health benefits under the 20/20/20 rule, which applies if:
- The marriage lasted at least 20 years.
- The service member served for at least 20 years.
- The marriage overlapped with military service for at least 20 years.
If the marriage meets the 20/20/15 rule (15 years of overlap), the non-military spouse may receive one year of transitional Tricare benefits. If neither rule applies, the non-military spouse may have the option to enroll in temporary Continued Health Care Benefits Program coverage.
FAQs about Military Divorces in Tennessee
Can I file for divorce in Tennessee if my spouse is stationed overseas?
Yes, you can still file for divorce in Tennessee if your spouse is stationed overseas, as long as either you or your spouse meets the state’s residency requirement. However, the divorce process may take longer due to the Servicemembers Civil Relief Act (SCRA), which allows active-duty military members to request a delay in proceedings if their service prevents them from responding.
How does Tennessee handle child custody if a military parent gets deployed?
If a military parent is deployed, Tennessee courts may issue a temporary custody modification that allows the other parent to assume primary custody during deployment. However, deployment alone cannot be used as a reason to permanently change custody. Courts may also allow the deployed parent to assign visitation rights to a family member, such as a grandparent, to maintain the child’s connection to their military parent.
Will a military divorce affect my ability to live on base?
Yes, once a divorce is finalized, a non-military spouse typically loses their right to live in on-base housing. The military spouse will be responsible for notifying the housing office, and the non-military spouse will usually have 30 days to move out. However, relocation assistance and financial support options may be available depending on your situation.
Can my spouse refuse to pay child support if they are in the military?
No, military members are required to provide financial support for their children, and failure to do so can result in serious consequences, including garnishment of military pay, loss of security clearance, or disciplinary action under the Uniform Code of Military Justice (UCMJ). If your spouse is not paying child support, you may be able to enforce payments through their military chain of command or the Defense Finance and Accounting Service (DFAS).
How does a military divorce impact VA disability benefits?
VA disability benefits are not considered marital property and cannot be divided in a divorce. However, they may still be factored into alimony or child support calculations. If a military spouse voluntarily waives retirement pay to receive VA disability benefits, it can impact how much their ex-spouse receives in a pension division. If this applies to your case, an attorney can help you explore options to adjust spousal or child support accordingly.
Why Work With Haines Family Law?
Military divorce cases require specialized legal knowledge. Attorney John Haines, who has a military background, understands the unique issues that service members and their spouses face when going through a divorce. Our firm provides:
- Personalized legal guidance tailored to military families.
- A deep understanding of military divorce laws at both the state and federal levels.
- Practical solutions for handling property division, custody, and support.
- Transparent fees and a compassionate approach.
No matter how complex your situation may be, we are committed to helping you achieve a fair and favorable outcome.
Speak With a Knoxville Military Divorce Lawyer Today
If you are a service member or military spouse considering divorce in Tennessee, you need an attorney who understands the challenges you face. Haines Family Law is here to guide you through every step of the process, from filing to finalizing your divorce.
Call us today at 865-269-2524 or contact us online to schedule a free 20-minute consultation with a Knoxville military divorce attorney.
