Military Divorce in Southern Maryland: What Service Members and Spouses Need to Know

Southern Maryland has a significant military presence, with Naval Air Station Patuxent River in St. Mary’s County drawing active duty personnel and their families from across the region. When a military marriage ends, the divorce process involves a layer of federal law that simply does not apply to civilian cases. Whether you are the service member or the spouse, understanding how these rules interact with Maryland’s divorce laws matters before the process begins.

How the Servicemembers Civil Relief Act Affects Divorce Proceedings

One of the first issues that arises in a military divorce is timing. The Servicemembers Civil Relief Act, or SCRA, gives active duty service members the right to request a stay of civil court proceedings, including divorce cases, when military duties prevent them from participating. This protection exists for good reason, but it also means that a spouse who files for divorce may face delays if the service member is deployed or otherwise unavailable due to military obligations.

The SCRA does not stop a divorce permanently. It pauses it. Once the service member’s circumstances allow for participation, the case moves forward. Both parties should understand that military scheduling, deployments, and duty station changes can affect the timeline of a Southern Maryland divorce in ways that are simply not factors in civilian cases.

Dividing Military Retirement Benefits

Military retirement pay is often one of the most significant financial assets in a long military marriage, and it is treated differently from most other retirement accounts. The Uniformed Services Former Spouses’ Protection Act, or USFSPA, allows state courts to divide military retirement pay as marital property. Maryland courts may award a former spouse a share of those benefits as part of an equitable distribution of assets.

For former spouses to receive their share of military retirement directly from the Defense Finance and Accounting Service, the marriage must have overlapped with at least ten years of creditable military service. This is often called the 10/10 rule. If that threshold is not met, the retired service member may still owe a share of retirement benefits to the former spouse, but it would be paid directly rather than through the government.

A few other benefit-related issues that frequently arise in military divorces include:

• Health insurance coverage for former spouses under the TRICARE 20/20/20 rule, which requires 20 years of marriage, 20 years of service, and 20 years of overlap
• Survivor Benefit Plan elections, which must be addressed in the divorce agreement to protect a former spouse’s long-term financial security
• Base housing and commissary access, which generally ends at the time of divorce

Maryland Divorce Law Still Applies

Even with all the federal layers, Maryland divorce law governs the foundational issues. Under Md. Code, Family Law § 7-103, which was updated in 2023 to allow divorce on the ground of irreconcilable differences, Maryland courts handle property division, alimony, custody, and child support using state law standards. Federal protections shape the process but do not replace the Maryland framework that governs how marital assets are divided and how parenting decisions are made.

Reach Out to a Divorce Attorney About Your Military Case

Military divorces involve a combination of federal and state law that can make an already emotional process feel more complicated. Our La Plata divorce attorneys help military families navigate these unique challenges throughout Maryland. Fanning Law, LLC is proud to serve clients in La Plata, Waldorf, and Lexington Park, and we are here to help you move through this process with clarity and confidence.

Source:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=7-103