Divorce in military families does not differ from a civilian divorce. The legal process stays the same, and as long as you live in the UK, then the divorce can take place in the UK. The divorce only severs the marital ties between a couple. This means that both parties are potentially at risk of a financial claim in the future if no financial order has been made or agreed upon. In terms of financials, please refer to our financial settlement page before.
Military Pensions
One of the largest assets in a military family is a pension, and therefore it is worth considering your options when agreeing to settle your finances. The Court will consider the length of your marriage, the needs of both people and the matrimonial assets when making a financial. Therefore, each of these factors should play a part in any financial agreement that you make.
Additionally, military pensions can also differ vastly due to the benefits that they carry. For example, the ‘cash equivalent transfer value’ (the monetary value of the pension) may be surprisingly low, but the benefits which are attached to the pension may be more than you would expect. With regards to splitting your pension in a divorce, there are 3 options:
1. Pension Offsetting
This involves calculating the value of your pension and giving the other person other assets to ‘offset your pension. This is the only option if you want to keep all of your pension.
2. Pension Attachment Order
This enables a share of the pension holder’s pension to be allocated to their spouse. When the pension is drawn down, the spouse will receive a percentage of the lump sum and a share of the monthly income. The pension holder has control of when the pension is drawn down and what amount is taken as a lump sum.
3. Pension Sharing Order
When the divorce is completed and the Decree Absolute has been granted, a share of the pension is allocated to the pension holder’s spouse.
Child Maintenance:
Usually, military families move around and as a result the children often attend boarding schools. There is always the question of who is going to pay the school fees when parents separate. British Armed Forces personnel are generally entitled to a certain reduction for private tuition fees, but the fact remains that there could still be significant school fees to pay.
If the parents are not in agreement as to who should pay for specific items, such as school fees, then it’s possible to ask the Court to make an order to include Periodical Payments. Periodical Payments allow for the person with the larger income to contribute to school fees, thereby enabling the children to remain at the same school.
This payment can lie outside of the general responsibility known as child maintenance. A Court can order that additional payment to cover school fees or other costs can be made in addition to child maintenance.
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