Understanding the Unique Challenges Military Families Face in Alabama
Divorce is never easy, but when one or both spouses are in the military, the process involves special rules and protections that do not apply to civilian couples. Military divorces in Alabama sit at the intersection of state divorce law and federal law, creating a unique legal landscape that can affect everything from when you can file to how long the case takes and how property is divided. Below is a clear, practical overview of what sets military divorces apart and what you should know if you or your spouse serves in the Armed Forces.
Residency and Jurisdiction Work Differently for Military Families
For most couples, filing for divorce requires proving residency in the state for six months. Under Alabama law, servicemembers stationed in Alabama—and their spouses who live in Alabama—are considered Alabama residents for purposes of filing a divorce, even if they do not have the intent to make Alabama their permanent domicile and might not otherwise be considered Alabama residents.
The Servicemembers Civil Relief Act Can Delay the Case
One of the biggest differences in a military divorce is timing. The Servicemembers Civil Relief Act (SCRA) protects active-duty military members who cannot participate in court proceedings because of military duties.
Under the SCRA, a court must grant at least a 90-day delay (called a “stay”) if military service prevents the servicemember from appearing. To receive the stay, the servicemember must submit:
- A statement explaining how military duties affect their ability to appear and when they expect to be available, and
- A letter from their commanding officer confirming that duty requirements prevent appearance and that leave is not authorized.
Additional stays may be granted, and if the court denies an extension, it must appoint an attorney for the servicemember. These protections also apply to default judgments—courts must appoint counsel before entering one, and servicemembers can later request to reopen such judgments if military duties affected their ability to defend themselves.
In short: if a spouse is deployed or has intense duty demands, a military divorce may take longer than a civilian one.
Dividing Military Retirement Requires Special Rules
Military retirement is often one of the most valuable assets in a divorce, but it is governed by a combination of Alabama law and federal law.
In Alabama, military retirement benefits earned during the marriage are considered marital property and can be divided by the court. This includes both vested and unvested benefits. However, federal law—the Uniformed Services Former Spouses' Protection Act (USFSPA)—sets important limits:
- Only “disposable retired pay” can be divided.
- The government can pay a former spouse directly, but only up to 50% of the servicemember’s disposable retired pay, and only if the parties’ marriage has overlapped the servicemember’s service for a minimum of ten years.
These federal limits mean that large retirement awards sometimes need to be structured creatively, using a mix of direct payments and additional obligations from the servicemember.
Veterans Disability Benefits Are Treated Differently
Veterans disability benefits are protected under federal law and generally cannot be divided or assigned as marital property. In Alabama, courts also cannot base an alimony award directly on disability benefits paid in place of retirement pay.
However, disability benefits that supplement (rather than replace) retirement pay may be considered as income when determining periodic alimony and/or child support. That means disability benefits themselves cannot be taken from the veteran, but they may affect how much support the court orders.
Child Custody Must Consider Deployments and Frequent Moves
Because military families often relocate or face deployments, child custody and jurisdiction issues require special attention.
Alabama follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which usually requires a child to have lived in the state for the past six months for Alabama to have jurisdiction. For military families, temporary relocations—such as moving to stay with relatives during a deployment—do not change the child’s “home state.”
Courts also look at factors such as:
- Whether the move was temporary
- Whether a parent maintains a home or residence in Alabama
- How long the child has lived in each place
To reduce conflict and uncertainty, parenting plans in military cases often address:
- Communication during deployment
- How visitation will work when one parent lives out of state
- How decisions will be made when a deployed parent cannot be reached immediately
Grounds for Divorce and Fault Considerations Remain the Same
Military divorces use the same grounds for divorce as civilian cases. Alabama allows both fault-based and no-fault divorces. Even in a no-fault divorce, the court may still consider each spouse’s conduct—including issues related to deployment stress or the unique pressures of military life—when determining property division and alimony.
Conclusion
Military divorces differ from civilian divorces in several important ways. Federal protections under the SCRA, rules about military retirement, restrictions on disability benefits, and special custody considerations all play major roles in how a case proceeds. Understanding these differences is essential for protecting your rights—whether you are the servicemember or the spouse.
If you are considering a divorce and military service is involved, it is important to get legal guidance from an attorney who understands both Alabama family law and the federal laws affecting servicemembers. A knowledgeable attorney can help you navigate the complexities, protect your interests, and move forward with confidence.