9 Questions If You’re Going Through a Military Divorce in Maryland

Divorce is difficult for any family—but when one or both spouses serve in the military, the process can be uniquely challenging. You may worry about your children, your home, or how deployment might affect your future. At Apol Law LLC, we understand you’ve already provided so much in service to others. Now it’s time for someone to serve you.

Our firm’s core values of compassion, integrity, and empowerment guide every step we take with our clients. And our advice is backed by over 10 years of experience. Below are nine key questions families in Maryland often ask when facing divorce in the military. Knowing your rights can help you move forward with confidence and peace of mind.

1. How Does the Court Distribute Property in a Military Divorce?

Maryland divorce courts follow the rule of equitable distribution, which means marital property is divided fairly but not always equally. Marital property includes assets acquired during the marriage (such as wages, income, savings, vehicles, and retirement benefits), regardless of whose name is on the title. 

When dividing marital property, courts look at factors such as: 

• The length of the marriage, 
• Each spouse’s financial and non-financial contributions, and 
• Future needs.

A spouse’s regular military wages while married may be subject to distribution, and the spouse may also have to share a portion of their military retirement.

2. Is a Spouse Entitled to Military Benefits in a Divorce?

For military families, the Uniformed Services Former Spouses’ Protection Act (USFSPA) allows Maryland courts to treat disposable military retired pay as marital property. Unremarried former spouses can also receive the following privileges:

• Medical,
• Exchange, 
• Theater, and 
• Commissary.

Receiving many of the benefits we discuss above also depends on the length of your marriage.

3. How Long Do You Have to Be Married to Get Military Benefits After a Divorce?

How long you have to be married to get military benefits after a divorce depends on the benefits you seek. The USFSPA recognizes the following key thresholds:

• If you were married for at least 20 years, your spouse served for at least 20 years, those years overlapped for at least 20 years, and you have not remarried, you may keep commissary, medical, theater, and exchange privileges;
• If you were married for at least 20 years, your spouse served for at least 20 years, and those years overlapped for at least 15 years, you may keep TRICARE medical coverage; and
• If you were married for at least 10 years, your spouse served at least 10 years, and those years overlapped for at least 10 years, you may be awarded a portion of your spouse’s military retirement pay.
  

If your marriage does not meet these thresholds, you may still seek financial relief through Maryland’s courts, but not continued federal military privileges.

4. How Does the Court Decide Custody in a Divorce?

In Maryland, courts decide custody based on the child’s best interest. When making the determination, judges consider:

• The child’s physical and emotional well-being,
• Each parent’s ability to provide what the child needs,
• The relationship between the child and their parents and other significant individuals, and
• Where the child has the strongest connection.
  

Military service alone does not disqualify a parent from custody, but it is a factor that can affect the court’s determination.

5. How Does Military Deployment Affect Custody Rights?

Deployment often raises understandable concerns, but Maryland law helps ensure that a parent’s military service does not keep them from their children when they are in town. Custody orders must take deployment into consideration and should include the following:

• Orders for the other parent to reasonably accommodate the serving parent’s leave schedule,
• Orders for the serving parent to give timely information to the other parent about their leave schedule, and
• Orders for the other parent to facilitate communication between the serving parent and child during deployment periods.

If you are a parent returning from deployment and you petition for custody within 30 days of your return, the court expedites your custody hearing. 

6. What Happens If I Want to Modify an Existing Custody Order?

You may request a modification when a material change in circumstances affects your child’s well-being. This can include relocation, deployment, or changes in a parent’s ability to provide care.

Maryland law allows you to file for modifications if they would be in the best interest of the child. Courts aim to minimize disruption while ensuring the child remains safe and supported. 

Once again, a parent who petitions for a modification within 30 days of returning from deployment is entitled to an expedited hearing. Our attorney is familiar with military service obligations and can help present your case clearly and respectfully.

7. What If I Am Deployed When a Change Needs to Be Made?

A military member subject to deployment must have a family care plan that covers how they and the other parent will handle all important childcare matters while the military member is deployed. If an unexpected change causes an emergency during deployment, the other parent may petition for a temporary order to address the issue.

Remember that temporary orders are not final. When you return, your orders might return to normal, or you might have a hearing on modifying your original order permanently.

8. How Does the Court Make Alimony Decisions in a Divorce?

Alimony decisions in Maryland are based on fairness and need, not punishment or reward. Courts look at factors such as the:

• Length of the marriage,
• Financial resources of each spouse,
• Standard of living during the marriage, and
• Contributions to the family (financial and non-financial).
  

Maryland courts balance these details carefully to reach an equitable result.

9. Do Military Benefits Affect Alimony Orders?

Yes. With a divorce in the military, military income and benefits can affect the award and calculation of support obligations.

Your Military Divorce Checklist

Here are a few steps you can take to prepare for a divorce while in the military:

• Gather financial and military documents, including deployment schedules, benefit paperwork, and enlistment documents;
• Develop, review, and update your family care plan;
• List all assets, debts, and benefits earned during the marriage;
• Document parenting responsibilities, childcare needs, and schedules;
• Review current custody or support orders; and
• Speak with a Maryland attorney with experience handling military divorce.

We know that your family is likely working with additional obstacles and concerns. We can help you put your case in order and get the best results for your family.

We Are Here to Honor Your Family’s Service and Fulfill Your Needs

If you’re wondering how to tackle a military divorce checklist or protect your parental rights during deployment, we have the experience and knowledge to guide you. At Apol Law LLC, we have more than a decade of experience and endless compassion for the needs of Maryland families. You can contact us on our website or by phone today to schedule a confidential consultation. Together, we can build a new family dynamic that protects you and your loved ones.