3.7.7 Divorces Involving Servicemembers

There are some potential risks to the spouse of a service member or ex-service member in taking a default divorce judgment. If the court does not meet the federal requirements for jurisdiction,1 the spouse may be left with an unenforceable order as to the military pension. If the state that does have jurisdiction does not allow partition, the spouse could also be left without a remedy. Failure to expressly reserve jurisdiction over partition of the community may also cause problems for the spouse in the divorce jurisdiction or a foreign jurisdiction. If a service member files for a divorce, the spouse should make an appearance and either request a pension division or challenge jurisdiction.2

  • 110 U.S.C. § 1408(c)(4).
  • 2M. Sullivan, The Military Divorce Handbook 641, et seq. (2006).

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.