Military marriages face distinct challenges that create unique divorce patterns different from civilian marriages. When service members or military spouses seek divorce in New Hampshire, they must navigate complex interactions between state family law, federal military regulations, and special protections designed for those serving in uniform.
Military Divorce Statistics and Patterns
Military divorces exhibit distinct patterns compared to civilian divorces, driven by the unique stresses and circumstances of military life.
Higher Divorce Rates Among Military Families
Research shows that divorce rates among active-duty service members have risen significantly over recent decades. The divorce rate among active-duty military members increased from 2.9% in 2000 to 4.0% by 2009. While approximately half of all civilian first marriages end in divorce, military families face additional stressors that can strain marriages.
Factors Driving Military Divorce Patterns
Several factors contribute to elevated divorce rates in military marriages. Prolonged separations due to deployments create emotional disconnect, loneliness, and communication challenges. Frequent relocations disrupt family stability, making it difficult to maintain careers, community connections, and support networks. The high-stress nature of military work, combined with the physical and emotional demands of service, places additional pressure on marriages.
When both spouses serve in the military, they must navigate dual careers alongside family needs, creating unique tensions. While dual-military couples share an understanding of service demands, they also face compounded deployment risks, relocation challenges, and career management complexities.
Jurisdiction and Residency in New Hampshire Military Divorces
Determining proper jurisdiction represents one of the first critical steps in military divorce proceedings.
New Hampshire Residency Requirements
New Hampshire allows divorce proceedings when at least one spouse meets the state's residency requirements. For military members stationed in New Hampshire, the state permits filing even if they are not permanent residents, provided they are currently stationed there. A spouse may also file in the state where the service member claims legal residency.
Active-duty military members often reside in one state while maintaining legal residency (domicile) in another. State courts examine factors including voter registration, tax filings, driver's license location, and intent to remain in a particular location when determining whether New Hampshire has jurisdiction.
Servicemembers Civil Relief Act (SCRA) Protections
The Servicemembers Civil Relief Act provides important protections for active-duty service members during divorce proceedings. Under the SCRA, service members whose military duties prevent them from participating in divorce proceedings can request delays or stays of the proceedings. This ensures they are not legally disadvantaged while deployed or otherwise unable to attend court.
Courts must receive proper notice, and service members must demonstrate that their military duties materially affect their ability to participate. The SCRA prevents default judgments against service members who cannot appear due to military service.
Division of Military Retirement Pay and Benefits
Military pensions and benefits represent significant assets in military divorces, subject to complex federal and state rules.
Uniformed Services Former Spouses Protection Act (USFSPA)
The Uniformed Services Former Spouses Protection Act governs how state courts may divide military retirement pay in divorce. The USFSPA allows state courts to treat military retirement pay as marital property subject to division, but does not guarantee any particular division.
New Hampshire applies equitable distribution principles to military pensions, treating them as marital property acquired during the marriage. Courts consider the length of the marriage, overlap with military service, and other equitable factors when dividing retirement benefits.
Defense Finance and Accounting Service (DFAS) Direct Payment
For former spouses to receive direct payment of their share of military retirement pay from the Defense Finance and Accounting Service, specific requirements must be met. The marriage must have lasted at least 10 years, with at least 10 years overlapping the service member's active duty (the "10/10/10 rule").
Even when the 10/10/10 rule is not satisfied, courts can still order division of military retirement benefits. However, without meeting this threshold, the military member must make payments directly to the former spouse rather than through DFAS, creating enforcement and tax complications.
Calculating Pension Division
Military pensions in New Hampshire divorces are typically divided using formulas that account for the portion of retirement benefits earned during the marriage. The commonly used approach determines what percentage of the service member's career occurred during the marriage, then divides that marital portion equitably between the spouses.
For cases finalized after 2017, the "Frozen Benefit Rule" limits division to the rank and years of service at the time of divorce, not at retirement. This affects the calculation and requires careful attention to timing.
Military Pension Division Orders
Similar to Qualified Domestic Relations Orders used for civilian pensions, military divorces require specific court orders directing DFAS to divide retirement pay. These orders must comply with both federal requirements under the USFSPA and New Hampshire state law to be enforceable.
Federal Benefits and Healthcare
Military families have access to federal benefits that civilian couples do not, creating additional considerations in divorce.
TRICARE Health Benefits
TRICARE provides healthcare coverage for military families. Former spouses may retain TRICARE eligibility under certain conditions, most notably the "20/20/20 rule": the marriage lasted at least 20 years, the service member served at least 20 years of creditable service, and at least 20 years of the marriage overlapped with military service.
The "20/20/15 rule" provides more limited transitional TRICARE coverage when 20 years of marriage and 20 years of service overlap for at least 15 years. Former spouses not meeting these thresholds generally lose TRICARE eligibility upon divorce.
Survivor Benefit Plan (SBP)
The Survivor Benefit Plan provides continued retirement pay to survivors after a military member's death. In divorce, courts must specifically address SBP coverage in the divorce decree if the former spouse is to receive these benefits.
The service member can be required to maintain SBP coverage for the former spouse, typically with the former spouse paying the premiums or the cost being factored into other financial arrangements. Specific language in court orders is critical, as SBP elections must be made within strict timeframes.
Property Division in Military Divorces
Beyond military retirement pay, military families often have unique property division considerations.
Marital Property Subject to Division
New Hampshire applies equitable distribution to all marital property in military divorces. This includes real estate, vehicles, bank accounts, investments, household goods, and other assets acquired during the marriage.
Military families may have property in multiple states due to frequent relocations. Courts must determine which assets constitute marital property and how to fairly divide them, considering factors such as length of marriage, contributions of each spouse, and economic circumstances.
Military Allowances and Compensation
Military compensation includes not only base pay but also various allowances for housing (BAH), subsistence (BAS), and special duty assignments. Courts consider all forms of military compensation when calculating child support, spousal support, and property division.
Some allowances and benefits are tax-free, which affects their true value for support calculations and equitable distribution purposes.
Spousal Support in Military Divorces
New Hampshire law provides for spousal support (alimony) in military divorces under the same standards applied to civilian divorces, with some military-specific considerations.
Calculating Alimony
Courts use a formula based on the difference between the parties' gross incomes, considering all military compensation including allowances. The maximum duration typically equals 50 percent of the marriage length, though courts can adjust based on special circumstances.
Factors affecting spousal support include the length of the marriage, each spouse's earning capacity, contributions to the marriage (including career sacrifices to support military service), health, age, and the standard of living during the marriage.
Military Interim Support Guidelines
The military imposes its own interim support guidelines requiring service members to provide support to dependents before court orders are in place. These military requirements can affect temporary support arrangements during divorce proceedings.
Child Custody and Parenting in Military Divorces
Parental rights and responsibilities in military divorces require special consideration of deployment and relocation realities.
Best Interests of the Child Standard
New Hampshire courts determine parental rights and responsibilities based on the best interests of the child, applying the same statutory factors to military families as to civilian families. These factors include each parent's ability to provide stability, the child's relationship with each parent, and other relevant circumstances.
Deployment and Flexible Parenting Plans
Military duties, deployments, and training assignments significantly impact a parent's availability. Courts establish flexible parenting plans that accommodate military schedules while preserving parent-child relationships.
Parenting plans for military families often include provisions for virtual visitation during deployments, temporary modifications to parenting time, and procedures for addressing changes in military orders. Courts recognize that rigid schedules may not work for military families and build in mechanisms for adjustment.
Relocation Due to Military Orders
When service members receive permanent change of station (PCS) orders, relocation becomes necessary. Parenting plans must address how moves will affect custody arrangements, whether the child will relocate with the military parent, and how parenting time will be maintained across distances.
New Hampshire law requires consideration of relocation requests, balancing the service member's career obligations against the child's best interests and the other parent's relationship with the child.
Child Support in Military Divorces
Child support calculations in military divorces follow New Hampshire's child support guidelines, with adjustments for military-specific factors.
Income Considerations
All military compensation, including base pay, allowances, and special pay, is considered when calculating child support obligations. Courts ensure that calculations accurately reflect the service member's true income capacity.
Military Enforcement Mechanisms
The military provides enforcement mechanisms for child support orders. Commands can facilitate wage garnishment, and failure to comply with support orders can result in military disciplinary action, affecting the service member's career.
Timing and Procedural Considerations
Military divorces often involve unique timing issues that affect when and how proceedings can occur.
SCRA Stays and Delays
The Servicemembers Civil Relief Act allows active-duty service members to request stays of divorce proceedings when military duties prevent participation. Courts must balance this protection against the other spouse's interest in moving forward with the divorce.
Service members must actively request stays and demonstrate that military service materially affects their ability to participate. Courts typically grant reasonable delays but generally do not indefinitely postpone proceedings.
Deployment Considerations
When service members are deployed during divorce proceedings, courts may need to accommodate remote participation through video conferencing, telephone hearings, or delayed proceedings. Temporary orders can address immediate needs while awaiting the service member's availability for final hearings.
Working with Experienced Military Divorce Attorneys
The complexity of military divorces makes working with knowledgeable family law attorneys essential for protecting rights and achieving fair outcomes.
Specialized Knowledge Required
Military divorces require an understanding of the USFSPA, SCRA, military benefits, federal tax implications, and how these federal laws interact with New Hampshire state family law. Civilian divorce attorneys with military law experience can navigate these complexities effectively.
Military legal assistance offices (JAG) provide information but typically cannot represent service members in state divorce proceedings. Hiring civilian attorneys who specialize in military family law ensures proper representation throughout the divorce process.
Protecting Military and Spouse Rights
Experienced military divorce lawyers help service members protect their careers while ensuring fair division of military benefits. They assist military spouses in securing their entitlement to retirement pay, healthcare benefits, and appropriate support while respecting the service member's obligations.
Collaborative Approaches to Military Divorce
Given the unique challenges military families face, collaborative divorce and mediation can provide beneficial alternatives to contested litigation.
Benefits of Collaboration
Collaborative divorce allows military couples to work together to reach solutions that accommodate military service realities. For example, couples might agree to timing that satisfies the 10/10/10 rule for DFAS direct payment, structure pension divisions that work for both parties, or create parenting plans flexible enough to handle deployments and relocations.
The collaborative process can help military families preserve relationships, which is particularly important when children are involved and when the military community is small and interconnected.
What’s Next?
New Hampshire divorce patterns in military marriages reflect the unique stresses and legal complexities facing military families. Higher divorce rates among military members stem from deployment separations, frequent relocations, high-stress work environments, and the challenges of balancing military careers with family life.
Military divorces in New Hampshire involve navigating the Servicemembers Civil Relief Act, which protects active-duty service members from default judgments, and the Uniformed Services Former Spouses Protection Act, which governs military retirement pay division. Understanding jurisdiction, military pensions, federal benefits, including TRICARE and the Survivor Benefit Plan, and the role of the Defense Finance and Accounting Service in direct payments proves essential.
Property division in military divorces applies equitable distribution principles to all marital assets while accounting for military-specific compensation and benefits. Child custody determinations must accommodate deployments and relocations while prioritizing the best interests of the child. Spousal support and child support calculations consider all military compensation.
Working with experienced divorce attorneys familiar with both New Hampshire family law and military-specific regulations helps military families navigate these complex divorce proceedings effectively. Whether active-duty service members or military spouses, understanding the unique patterns and legal frameworks governing military divorces protects rights and promotes fair outcomes for military families facing the difficult transition of divorce in New Hampshire.