Divorce is always a challenging process, but for military spouses, it can bring unique concerns, particularly regarding housing, pensions, and financial support. The introduction of no-fault divorce in the UK in April 2022 has simplified the legal process, allowing couples to separate without assigning blame. If you are a military spouse facing divorce, here’s what you need to know about your rights.
The no-fault divorce process
Under the new no-fault divorce system, you or your spouse can apply for a divorce without proving wrongdoing. Instead of citing reasons like adultery or unreasonable behaviour, you only need to state that your marriage has irretrievably broken down. Either party can apply individually, or both can make a joint application.
Key rights of a Military spouse in a divorce
Financial settlements and support
Military spouses have the same financial rights as any civilian spouse. The court will assess financial contributions, needs, and future security when deciding on settlements. Factors considered include:
- Income and earning potential – If you have sacrificed career opportunities due to military life, this may be taken into account.
- Standard of living during the marriage – This can affect spousal maintenance claims.
- Children’s needs – Child maintenance and financial support for dependents will be prioritised.
Military pensions and divorce
Military pensions are often a significant asset in divorce settlements. A spouse may be entitled to a pension sharing order, meaning a portion of the serving member’s pension is allocated to them. This is especially relevant if:
- You were married for a long period during the service member’s career; and/or
- You sacrificed personal financial stability to support your spouse’s military career.
The division of military pensions is complex, so legal advice is strongly recommended.
Housing rights and Military accommodation
If you live in Service Family Accommodation (SFA), you typically lose the right to reside there after divorce. However, you may be given a notice to vacate period, allowing time to find alternative housing. If you have children, you may have a stronger case for staying temporarily.
If you do not have another home, you may be eligible for:
- Local authority housing assistance
- Financial support to secure private accommodation
Child custody and relocation considerations
For military families, child custody arrangements can be complicated by deployments and postings. Courts will prioritise the child’s best interests, considering:
- Stability and routine
- Education and living arrangements
- Parental responsibilities and ability to provide care
If one parent wishes to move abroad with the children, they must obtain permission from the other parent or the court.
While a military divorce presents unique challenges, the law protects the rights of spouses to a fair settlement. Seeking professional legal advice can help ensure your financial security, housing stability, and parental rights are properly addressed. If you need any assistance in regarding how we can help with your divorce, please do not hesitate to contact our friendly and professional Family Team on 01245 228116 or by email at familyenq@gepp.co.uk.
