Military divorces present unique legal and logistical challenges that differ significantly from civilian cases. Indiana’s courts must balance state divorce law with federal statutes that protect active-duty service members and govern military pensions and benefits. Understanding how military family law intersects with Indiana statutes is vital for service members, veterans, and their spouses.
This guide explores key aspects of military divorce in Indiana, from residency and custody to the division of VA benefits and military pensions.
Overview of Indiana Military Divorce
Indiana is an “equitable distribution” state following the “one-pot” theory, treating nearly all assets acquired before or during marriage as marital property unless specifically exempted. For active-duty members and their spouses, Indiana Code 31-15-2 allows a petition for dissolution if one spouse has resided or been stationed in Indiana for at least six months, and in the filing county for at least three months.
Unique procedural requirements also apply under the Servicemembers Civil Relief Act (SCRA), which allows deployed service members to delay court proceedings and ensures they are not disadvantaged due to military duties.
Key Federal Protections and Statutes
Military divorces invoke both state and federal law, requiring legal counsel well-versed in both jurisdictions. Key statutes include:
- Servicemembers Civil Relief Act (SCRA): Protects service members from default judgments and allows for a stay of proceedings when military duties prevent court participation.
- Uniformed Services Former Spouses’ Protection Act (USFSPA): Allows Indiana courts to divide “disposable retired pay” as marital property while preventing division of VA disability compensation.
- 10/10 Rule: A former spouse may receive direct payment of their share of military retired pay from DFAS if the marriage overlapped with at least 10 years of service.
VA Benefits Division and Limitations
VA disability benefits are excluded from division in a divorce under federal law, ensuring compensation tied to military injuries remains the veteran’s separate property. However, those same benefits can be considered income when calculating support obligations such as child support or alimony.
Certain VA and TRICARE benefits may continue for former spouses if the marriage lasted at least 20 years concurrent with 20 years of service, the so-called “20/20/20 rule”.
Military Pension Divorce in Indiana
Military pensions are considered marital property under Indiana’s one-pot rule and are subject to equitable division, typically through a Qualified Domestic Relations Order (QDRO) or a military-specific order certified by DFAS.
Disposable military retired pay, as defined under federal law, can be divided, while disability pay substitutions cannot. Courts determine the amount allocable to a spouse by considering the years of marriage during active service as a fraction of total military service.
Service Member Custody and Deployment
Custody of children in military families receives special consideration under Indiana Code §31-17-2-21.3, which forbids courts from using deployment or relocation due to active duty as a factor in deciding permanent custody.
Service members can appear at hearings via remote means, such as video or phone testimony, and may request expedited custody proceedings before deployment. Indiana law also allows a deployed parent to delegate parenting time to a close relative if it serves the child’s best interests.
Challenges Unique to Military Divorces
Service members face obstacles uncommon in civilian divorces, including:
- Frequent relocations complicating residency requirements and jurisdiction.
- Coordinating custody and visitation across deployments.
- Complex asset division involving retirement, housing allowances, and federal benefits.
- Emotional strain and resource imbalance when one spouse remains abroad or on active duty.
These cases often demand cooperation between state family courts, federal agencies, and military legal assistance offices.
Practical Considerations
Individuals pursuing a military divorce should:
- Retain counsel experienced in both Indiana and military family law.
- Gather comprehensive documentation on all benefits, pensions, and service records.
- Plan custody with consideration of deployment schedules and support networks.
- Understand how deployment affects timelines, support obligations, and visitation enforcement.
Ciyou & Associates, P.C. advises service members and their spouses through these challenges, protecting both parental rights and financial futures during and after divorce.
Conclusion
Military divorce in Indiana blends state domestic relations laws with federal military protections, creating a complex interplay of jurisdiction, benefits, and family considerations. With experienced legal guidance, service members and their spouses can navigate the division of military pensions, maintain parent-child relationships through deployment, and preserve each party’s rights and entitlements under the law.
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This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.
