Divorce can be challenging for any family, but military families face added layers of legal and personal difficulty. Service members and their spouses must navigate both Connecticut family law and federal military regulations, along with the demands of deployments and frequent relocations.
If you are a service member or military spouse in Connecticut, whether near Naval Submarine Base New London or stationed elsewhere, you need a New Haven military divorce lawyer who understands the specific rules that apply to your situation.
At the Connecticut Family Law Group, we provide clear guidance and steady support through every stage of your case. Our attorneys focus exclusively on family law and have experience with the issues that often arise in military divorces, including residency questions, the division of military pensions, and parenting arrangements that fit military schedules.
Call (203) 344-7762 to discuss your case with a lawyer who can help you move forward with clarity and confidence.
Table of Content
- Key Takeaways About New Haven, CT Military Divorce Cases
- Experienced Legal Support for Military Families in New Haven, CT
- Filing for a Military Divorce in Connecticut and Understanding Jurisdiction
- Division of Military Pensions and Benefits in a New Haven Divorce
- Navigating Child Custody and Support for Military Parents
- FAQs for New Haven, CT Military Divorce Lawyers
- Work With a New Haven Military Divorce Attorney You Can Rely On
Key Takeaways About New Haven, CT Military Divorce Cases
- Federal laws like the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA) directly impact divorce timing and asset division.
- The division of a military pension is governed by Connecticut’s equitable distribution laws, but federal regulations dictate how and when payments may be made to a former spouse.
- Child custody and support plans for military families must be flexible and detailed to account for deployment, relocations, and unique aspects of military income.
- Determining the correct jurisdiction to file for divorce is a primary step, as military families often have ties to multiple states.
- Former spouses may be eligible for continued military benefits like TRICARE and commissary privileges, but they must meet strict eligibility requirements.
Experienced Legal Support for Military Families in New Haven, CT
At Connecticut Family Law Group, we understand that a military divorce is not a standard family law case. The commitment and sacrifices made by service members and their families demand a legal approach that is both compassionate and precise.
Our firm’s principle, “Find Peace Through Strength”, is particularly relevant for military families navigating the uncertainties of divorce. We provide the steady hand and strategic counsel needed to address your unique circumstances with the respect and attention they require.
Our attorneys focus exclusively on family law, and we are versed in the federal statutes that govern military divorce proceedings. We guide clients through the complexities of dividing military retirement benefits, establishing parenting plans that work with deployment schedules, and calculating support based on military pay structures.
We represent service members stationed in Connecticut, as well as those deployed overseas who maintain residency here. We also assist military spouses living in the New Haven area, helping them understand their rights and potential benefits. Our goal is to provide clear, actionable legal guidance that allows you to move forward confidently.
Filing for a Military Divorce in Connecticut and Understanding Jurisdiction
Before a divorce can proceed, you must determine the correct state in which to file. This can be complicated for military families who move frequently.
Connecticut has specific residency requirements that must be met for its courts to have jurisdiction over your case. An experienced New Haven military divorce attorney can help you determine the proper venue for your divorce.
Generally, you may file for divorce in Connecticut if one of the following is true: one spouse has lived in the state for at least 12 months before filing the divorce papers; one spouse was living in Connecticut at the time of the marriage and returned with the intent to stay; or the reason for the divorce occurred after one spouse moved to Connecticut.
For service members, Connecticut may be a valid jurisdiction if it is your legal residence (Home of Record), even if you are stationed elsewhere.
How the Servicemembers Civil Relief Act Protects Military Members in Divorce
The process of a military divorce is also governed by a key piece of federal legislation. The Servicemembers Civil Relief Act (SCRA) is designed to protect active-duty service members from being disadvantaged in civil court proceedings, including divorce.
Under the SCRA, a service member who is on active duty may request a stay, or postponement, of a divorce proceeding. A court must grant an initial stay of at least 90 days if the service member can show that their military duties prevent them from participating in their defense.
This protection is not automatic and must be properly requested. The SCRA helps to see that service members have a fair opportunity to respond to legal actions while fulfilling their military obligations, a consideration that civilian divorces do not involve.
Establishing Connecticut Residency for Your Divorce
For military personnel, legal residency does not change simply because you receive Permanent Change of Station (PCS) orders. You may be stationed at Fort Meade but remain a legal resident of Connecticut.
A military divorce lawyer in New Haven can review your circumstances to confirm that you meet the state's jurisdictional requirements. Confirming this early prevents your case from being dismissed on procedural grounds later on, which can save you significant time and resources.
Division of Military Pensions and Benefits in a New Haven Divorce
One of the most valuable assets in a military divorce is often the service member's retired pay. The division of this asset is governed by both federal and state law. The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal law that allows state courts to treat disposable military retired pay as marital property.
The USFSPA does not automatically entitle a former spouse to a portion of the pension. It simply authorizes Connecticut courts to apply state law to the asset.
Under Connecticut law, C.G.S.A. § 46b-81, all property acquired during the marriage is subject to equitable distribution. This means the court will divide the marital share of the military pension fairly, though not necessarily in a 50/50 split.
Understanding the 10/10 Rule for Military Pension Division
A common point of confusion is the 10/10 Rule. This rule is not about eligibility for a share of the pension itself. Instead, it relates to the method of payment.
If the marriage lasted for at least 10 years and those 10 years overlap with 10 years of creditable military service, the former spouse may receive their share of the pension directly from the Defense Finance and Accounting Service (DFAS).
If the 10/10 rule is not met, a judge may still award a portion of the pension to the former spouse. In that case, the service member is responsible for making the payments directly. When handling the division of a military pension, several factors come into play.
A knowledgeable attorney will help you address these important elements.
- Disposable Retired Pay: This is the gross retired pay minus allowable deductions, such as disability pay or SBP premiums. Only disposable pay is divisible as property.
- The Marital Share: The court will only divide the portion of the pension that was earned during the marriage, often calculated using a formula.
- Survivor Benefit Plan (SBP): A former spouse may be designated as the beneficiary of this annuity to continue receiving payments after the service member’s death.
- Thrift Savings Plan (TSP): The military equivalent of a 401(k), the TSP is a separate asset that is also subject to division in a divorce.
Properly addressing these complex retirement assets in a settlement agreement or court order is vital to protecting the financial future of both parties.
Healthcare and Other Military Benefits for a Former Spouse
In some cases, a former spouse may retain certain military benefits after the divorce is final. These benefits, primarily healthcare through TRICARE, are not marital assets to be divided but are granted by federal law if specific criteria are met.
The 20/20/20 Rule is the most well-known path to retaining benefits. A former spouse who meets this rule may receive full TRICARE coverage.
To qualify, the marriage must have lasted for at least 20 years, the service member must have at least 20 years of creditable service, and there must be a 20-year overlap between the marriage and the military service. Former spouses who do not meet this rule may have other temporary healthcare options, but they will not retain lifetime benefits.
Navigating Child Custody and Support for Military Parents
For military parents, creating a stable and consistent parenting plan presents unique hurdles. Frequent relocations and unpredictable deployment schedules must be addressed with care and foresight. A standard parenting plan is often insufficient for a military family's needs.
Connecticut courts always base custody decisions on the best interests of the children. For a military family, this means creating a detailed and flexible plan that provides stability while accommodating the realities of military service. These plans often require specific provisions that are not found in civilian custody agreements.
How to Create a Parenting Plan That Works for Military Families
A comprehensive military parenting plan serves as a roadmap for co-parenting across distances and through deployments. It anticipates potential disruptions and establishes clear protocols for handling them. This proactive approach helps reduce conflict and provides children with a sense of predictability.
These agreements must be carefully drafted to be both practical and legally enforceable. An effective military parenting plan should always contain certain provisions.
- Detailed Communication Protocols: Stipulating the frequency and methods of contact (e.g., video calls, email) between the deployed parent and children.
- Designation of Temporary Custody: Naming a person, often the other parent, to assume custody responsibilities during a deployment.
- Clear Transportation Arrangements: Outlining who is responsible for the costs and logistics of visitation, especially when parents live far apart.
- Procedures for Future Relocations: Establishing a process for modifying the plan if either parent receives PCS orders to move.
A well-crafted plan provides security for the children and protects the parental rights of the service member while they are away on duty.
Calculating Child Support With Military Income
Child support in Connecticut is calculated using state guidelines. However, a service member's income is more than just their base pay. For child support purposes, their total income often includes allowances that are not taxed.
Determining the correct income for a service member involves a careful review of their Leave and Earning Statement (LES). This document details their entire compensation package. A New Haven military divorce attorney can see that all relevant income sources are included in the child support calculation, such as:
- Basic Allowance for Housing (BAH)
- Basic Allowance for Subsistence (BAS)
- Specialty pays and bonuses
Failing to account for these allowances can result in an inaccurate child support order, potentially disadvantaging the children and the civilian parent.
FAQs for New Haven, CT Military Divorce Lawyers
How does deployment affect my divorce case in Connecticut?
Under the Servicemembers Civil Relief Act (SCRA), you may request a stay of the divorce proceedings if your active-duty service materially affects your ability to participate. A court is likely to grant this request to allow you to focus on your duties and properly prepare your case.
Can I still get military benefits if I was the one who filed for divorce?
Eligibility for post-divorce military benefits, like TRICARE, depends on meeting the requirements of federal law (e.g., the 20/20/20 Rule). It does not matter which spouse initiated the divorce proceedings. Your eligibility is based on the length of the marriage and military service.
My spouse is stationed in another state, but we are both from Connecticut. Where do we file?
If either you or your spouse maintains legal residency in Connecticut, you may be able to file for divorce in the state, even if you are currently living elsewhere due to military orders. An attorney can help you confirm that you meet the residency requirements.
How is a Thrift Savings Plan (TSP) divided in a divorce?
A TSP is a federal retirement account that is considered marital property. A court will issue a Retirement Benefits Court Order to divide the account. The marital portion of the TSP is divided according to Connecticut's equitable distribution laws.
What happens if my ex-spouse moves out of state with our children because of PCS orders?
Your military parenting plan should include provisions for how to handle a relocation. Typically, the plan will need to be modified to create a new visitation schedule. If you cannot agree, you may need to return to court to have a judge decide on the new arrangement.
Work With a New Haven Military Divorce Attorney You Can Rely On
A military divorce requires a legal strategy that honors your service while protecting your rights under both Connecticut and federal law. The path forward may seem complicated, but you do not have to navigate it alone.
The attorneys at Connecticut Family Law Group have the knowledge and experience to guide you through every step of the process. For steadfast support from a team that understands your unique situation, call us today at (203) 344-7762 to schedule a confidential consultation.