In Oklahoma, divorce is often a challenging process, but military divorces can add layers of complexity due to the unique aspects of military life, such as deployments, military benefits, and jurisdictional issues. Oklahoma has specific laws and federal statutes that govern military divorces, ensuring that both civilian and military spouses receive fair treatment during the process.
Understanding Military Divorce Jurisdiction in Oklahoma
One of the first issues to address in a military divorce is jurisdiction, which determines where the couple can file for divorce. In Oklahoma, it’s possible to file a military divorce if:
- Either spouse resides in Oklahoma.
- The military service member is stationed in Oklahoma.
It’s important to note that the Servicemembers Civil Relief Act (SCRA) protects active-duty service members by allowing them to postpone court proceedings if their military duties prevent them from participating.
Division of Military Benefits
Military divorces often involve the division of military benefits, which can include pensions, healthcare, and survivor benefits. These benefits are subject to both federal and state laws.
a. Military Retirement Pay
Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Oklahoma courts can divide military retirement pay as marital property if the marriage lasted at least 10 years while the service member performed active duty.
The non-military spouse may receive a portion of the retirement pay directly from the Defense Finance and Accounting Service (DFAS) if they meet this “10/10 rule” (10 years of marriage overlapping 10 years of military service).
b. Survivor Benefit Plan (SBP)
The Survivor Benefit Plan provides financial support to a former spouse if the service member passes away. Courts may order the service member to designate the former spouse as the SBP beneficiary during the divorce proceedings.
c. VA Disability Benefits
VA disability benefits are not divisible in a divorce, as they are compensation for injuries someone sustains during military service. However, they can be part of the service member’s overall income when calculating alimony or child support.
Alimony and Child Support in Oklahoma Military Divorces
a. Alimony
Oklahoma courts may award spousal support (alimony) based on factors such as the length of the marriage, each spouse’s financial needs, and the paying spouse’s ability to pay. Courts can consider military income, including base pay, allowances, and bonuses when determining alimony.
b. Child Support
Child support in Oklahoma is calculated based on both parents’ income and the needs of the child. Military pay, including base pay and special allowances (e.g., Basic Allowance for Housing), is part of the calculation.
Federal law prohibits child support payments from exceeding 60% of a service member’s disposable income to ensure they have sufficient resources to meet their obligations.
Custody and Parenting Plans
In military divorces, child custody and visitation can be complicated by deployments, relocations, and unpredictable schedules. Oklahoma courts prioritize the best interests of the child when making custody decisions, which may include considerations specific to military life.
If a service member is deployed, the court may issue temporary custody orders to provide stability for the child. Service members can request custody modifications upon returning from deployment if necessary.
Tulsa Military Divorce Attorneys
A military divorce in Oklahoma involves unique considerations, such as the division of military benefits, custody arrangements during deployment, and compliance with federal protections for service members. Understanding these issues and working with an experienced attorney can help ensure a fair and efficient resolution for both parties. Whether you are a service member or a spouse, our team can help. Contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.