Table of Contents

• Understanding How Utah Divides Military Pensions in Divorce
• How Deployments Can Affect Divorce Proceedings and Legal Deadlines
• Military Child Custody and Parenting Plans Under Utah Law
• Protecting Your Rights to Benefits, Healthcare, and Other Resources
• Why You Need an Experienced Attorney During Your Divorce
• Turn to Kaufman, Nichols, & Kaufman for Your Military Divorce

As a service member or spouse of a service member, you may be worried about the complexities of navigating a military divorce. While divorce is never simple, there are added challenges that anyone with military ties may have to handle. Attempting to go through this on your own isn’t just challenging; it can be overwhelming without knowledgeable representation.

When you’re going through this process, understanding your rights and protections in regards to military pension, deployments, and custody can make a world of difference. But, instead of attempting to figure it all out on your own, it’s in your best interest to partner with a knowledgeable family lawyer who has experience with military divorces. 

If you want to learn more about the complexities of military divorces and why it’s essential to partner with an experienced family law attorney, keep reading.

Understanding How Utah Divides Military Pensions in Divorce

The first step to navigating a military divorce in Utah is understanding how it will impact your pension. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), your pension is treated as joint property, and is subject to equitable distribution. However, in Utah, it will not automatically be split 50/50, and instead, the judge will divide the shares fairly.

The division is capped at 50% of your current retired pay, or 65% if combined with child support or alimony. To determine how much of your pension your spouse will receive, the courts follow a time rule, dividing the number of years married by the total years of service. It is also important to note that calculations use the service members’ rank and pay grade at the time of divorce.

Post-divorce promotions, raises, and any VA disability pay is not included in your spouse’s share. Understanding these rules can help you protect your financial interests and prepare for divorce. An experienced Utah family law attorney can help you understand your rights, navigate pension calculations, and pursue a fair division of military retirement benefits.

How Deployments Can Affect Divorce Proceedings and Legal Deadlines

It isn’t uncommon to worry about the possibility of deployments during military divorce proceedings. This can be difficult to avoid. Thankfully, there are protections in place to help you navigate these challenges. The Servicemembers Civil Relief Act (SCRA) Protections can allow a service member to request a temporary stay of proceedings. 

This temporary stay of proceedings will initially last 90 days. If you need additional extensions, your attorney can request them through the court, extending it by 90 day increments. However, it is important to understand that this is not a permanent dismissal of your military divorce and does not permanently block the divorce from going through. 

Instead, it protects service members against the court finalizing a default judgement while they are deployed. This protection is put in place to ensure service members cannot lose custody of their children or possession of their property because you cannot appear due to prolonged deployments and other work responsibilities. 

Military Child Custody and Parenting Plans Under Utah Law

Child custody can become more complicated when one parent is an active-duty service member, particularly when deployments, training, or relocations affect the family’s schedule. In Utah, courts focus on the child’s best interests when creating custody and parenting arrangements. A deployment does not automatically mean a service member will lose custody.

Instead, parents can work with their attorneys to develop parenting plans that account for military responsibilities while maintaining meaningful relationships between children and both parents. Temporary changes may also be necessary during deployments, with parenting time adjusted when the service member returns. 

It is important to establish clear expectations regarding communication, visitation, and decision-making authority before deployment occurs. If you are facing a military divorce, understanding how Utah custody laws interact with military obligations can help you protect your parental rights while creating a stable plan for your children.

Protecting Your Rights to Benefits, Healthcare, and Other Resources

A military divorce can affect more than your pension and custody arrangement. Depending on your circumstances, you may also need to consider military benefits, healthcare coverage, housing allowances, and other resources connected to your service. The impact of this divorce can vary based on the length of the marriage, length of military service, and other factors.

For example, former spouses may qualify for certain military benefits if specific requirements are met. Healthcare eligibility may also change after a military divorce, making it important to understand your options before your divorce is finalized. In some cases, a former spouse may retain certain benefits, while others may end after the divorce.

Because military divorce involves both federal regulations and Utah family law, determining which benefits apply to your situation can be complicated. Understanding your rights early can help you make informed decisions and avoid unexpected financial or coverage issues after your military divorce is finalized.

Why You Need an Experienced Attorney During Your Divorce

Navigating a military divorce in Northern Utah can involve complicated questions about retirement benefits, deployments, custody, and federal protections. While Utah law determines many aspects of the divorce, federal laws can also affect how certain military benefits and obligations are handled. 

Having an attorney who understands both areas can help you navigate the military divorce process with greater confidence. An experienced attorney can help you:

• Understand how Utah law may affect your military retirement benefits.
• Address custody and parenting concerns involving deployments or relocations.
• Identify applicable federal protections and military benefits.
• Prepare the necessary documents and communicate with the court.
• Protect your financial and parental interests throughout the divorce.

Every divorce has different circumstances, so it is important to have legal guidance tailored to your situation. Whether you are preparing to file or responding to a divorce, an experienced Utah family law attorney can help you understand your options and work toward a fair resolution.

Turn to Kaufman, Nichols, & Kaufman for Your Military Divorce

At Kaufman, Nichols, & Kaufman, our team understands how difficult it can be to navigate the complexities of a military divorce. However, with our team on your side, you can ensure equitable division of property, fair custody agreements, and protect your rights to secure the best possible outcome for your family. You shouldn’t have to go through this process without adequate representation, and with our team on your side, you can trust that you’re being fairly represented throughout the entire process. 

If you are going through a military divorce or would like to discuss your options before filing, please reach out to our office today to schedule an appointment.