What Makes a Military Divorce Different from a Regular Maryland Divorce?

 Posted on January 30, 2026 in Divorce

Divorce is always difficult, but when one or both spouses serve in the military, it becomes even more complicated. Military divorces have unique federal and state laws that do not apply to civilian divorces. If you or your spouse is in the military in 2026 and you are considering divorce, a Reisterstown military divorce attorney can guide you through the special rules of your case.

How Does Military Service Affect Whether I Can File for Divorce in Maryland?

One of the first questions in any divorce is whether you can file in the state you’re in. Because service members and their families often move a lot, they may not live in their home state. This obviously makes divorce more complicated .

Maryland law allows you to file for divorce if either spouse is a resident of Maryland or is stationed there by military orders. If neither of these is true, you need to have been living in the state for at least six months before you can file.

Do Service Members Have Special Protections During Divorce?

The Servicemembers Civil Relief Act (SCRA), found at 50 U.S.C. Section 3901, gives active duty military members important protections during divorce proceedings. For example, military members must be served divorce papers in person. This prevents the divorce from showing up out of the blue while the servicemember is on deployment. This rule can be waived by the service member if they choose.

The biggest protection for servicemembers is being able to delay divorce proceedings if military duties get in the way. If a service member is involved in a divorce while deployed, they can request that the court postpone the case. The court can grant a "stay" of at least 90 days, with more delays available if needed. This ensures service members can defend their interests. Likewise, service members are also protected from "default judgments." In other words, judges cannot make decisions without them if they can’t show up in court.

How Is Military Retirement Pay Divided in a Maryland Divorce?

Military retirement pay is often one of the most valuable assets in a military divorce. Under the Uniformed Services Former Spouses Protection Act (USFSPA), courts can treat military retirement pay as marital property.

Maryland law handles military retirement like other pensions earned during the marriage. The amount earned during the marriage is usually considered marital property and can be divided between spouses.

To receive retirement money directly from the Defense Finance and Accounting Service (the organization responsible for paying service members), the non-military spouse must meet the "10/10 rule." This means the couple must have been married for at least 10 years, and those 10 years must overlap with at least 10 years of military service.

Can I Keep My Military Benefits After Divorce?

Whether you can keep military benefits after divorce depends on how long you were married and if the marriage overlapped with military service. The "20/20/20 rule" decides eligibility for full benefits.

• The marriage had to last at least 20 years.

• The service member had to serve at least 20 years.

• The marriage and service need to have overlapped for at least 20 years.

If these are all true, you get to keep full military benefits, including TRICARE healthcare and base access.

The "20/20/15 rule" gives some benefits for spouses with a 15-year overlap, like transitional healthcare for one year after divorce.

How Does A Military Divorce Affect Child Custody in Maryland?

Deployment and frequent moves make child custody challenging in military divorces. If a service member is deployed, the court may give temporary custody to the other parent or the service member's family. Maryland law allows service members to choose a family member to have visitation rights during deployment. Courts cannot use military service as the sole reason to deny custody.

Call a Talbot County Divorce Lawyer Today

Military divorces need careful attention to federal laws and Maryland family law. The attorneys at Zide Law Group, LLC provide each client with focused, supportive, and personalized attention. As true counselors of the law, we handle all family law matters with strong litigation and analytical skills.

With over 50 years of combined experience and a team that has worked together for 10 years, our collaboration is evident. Marla's community involvement includes teaching on panels about family law. Contact a Reisterstown divorce attorney at 410-760-9433 today to discuss your military divorce case.