Spouses undergoing a military divorce must deal with the complexity of multiple laws and unique circumstances. In addition to New Mexico's family law, families must address federal laws, such as the Service Member's Civil Relief Act and the Uniformed Services Former Protection Act.
Couples undergoing a military divorce must contend with federal laws in addition to New Mexico statutes. Service members receive federal legal protections that are not afforded to civilians.
In addition to New Mexico family law, there are federal laws and requirements governing military divorce. One example is child and spousal support. Alimony and child support are separate obligations based upon different legal considerations. Alimony, also known as maintenance, is paid from the military spouse to their spouse for daily support. Courts may order a spouse to pay one or both types of support.
All branches of the armed forces have regulations that require its service members to give adequate support to family members following a divorce. However, enforcement is unclear because the military cannot enforce support payments unless a court issues an order.
A military marriage can be difficult to sustain, and some military spouses may eventually decide to divorce. One question that may come up when a military couple divorces in New Mexico is whether a service member's ex can collect survivor benefits.
Military families in New Mexico face unique challenges not faced by civilians. Deployment and frequent relocation can take a toll, and for some, divorce results. If the couple has children, this means that they will enter into a child custody and visitation agreement.
As Albuquerque service members and their spouses can attest, active deployment and other aspects of being in the military can take its toll on a marriage, sometimes leading a couple to decide that divorce is their best option. Asset division, however, can be more complicated in a military divorce than a civilian divorce, as one recent case shows.
A military divorce presents certain unique issues that those in the process of getting a civilian divorce do not face. For example, in a civilian divorce in New Mexico it is expected that once the divorce is final and the marriage is dissolved, an ex-spouse will not be covered his or her ex's health care insurance. However, there are two circumstances in a military divorce in which the non-service member spouse can remain eligible for TRICARE, albeit on his or her own name and Social Security number.
Being involved in a military marriage can be difficult and complex at times. The life of a service member can be straining on a marriage, resulting in some couples in New Mexico and elsewhere opting for divorce. While divorce is not easy for any couple, a military divorce can place added challenges. This is especially true when it comes to addressing the assets, pension and military benefits of the service member spouse.
Much like civilians, service members partake in the joyous event of matrimony. While the married life can have its ups and downs, for those in the military, maintaining a lasting marriage can be challenging at times. The military lifestyle and lengthy deployments can be taxing for some spouses, giving reason for divorce. While a military divorce contains much of the same issues as civilian divorces, there are several other factors to consider during a military divorce.