Getting divorced is never easy, but when you're in the military and stationed in or originally from Vermont, there are some unique challenges and considerations to understand. Whether you're active duty, a veteran, or married to someone in uniform, knowing how Vermont divorce patterns in military marriages work can help you navigate this difficult time more smoothly.
Military Divorce in Vermont
Vermont has a rich military history and is home to several military installations, including the Vermont Air National Guard base in South Burlington. Many service members call the Green Mountain State home, while others are stationed here during their military careers. When marriages involving military members end, the divorce process follows Vermont's family law procedures, but with some important federal protections and special circumstances that apply.
The basic process for ending a marriage in Vermont is similar whether you're in the military or not. However, military families face additional layers of complexity, from deployment schedules to unique retirement benefits. Understanding these patterns can help you prepare for what lies ahead.
Vermont's Residency Requirements for Military Families
One of the first questions people ask is whether they can file for divorce in Vermont. The answer depends on residency, which can get complicated for military families who move frequently.
Vermont requires that at least one spouse has lived in the state for six months before filing for divorce. However, you must have been a Vermont resident for at least one year before the final divorce hearing can take place. For military members, this creates some interesting situations.
If you're a service member stationed in Vermont, you might establish residency here for divorce purposes even if you're originally from another state. Vermont law recognizes that military members sometimes need to establish legal residency in their duty station state. On the flip side, if you're from Vermont but stationed elsewhere, you might still be considered a Vermont resident for divorce purposes, depending on where you maintain your legal residence.
The Servicemembers Civil Relief Act (SCRA) provides important protections that affect how residency works. Under the SCRA, a military member doesn't lose or gain residency simply because they're stationed somewhere due to military orders. This means a Vermont native stationed in California might still be a Vermont resident legally, making it possible to file here.
Timeline Considerations for Vermont Divorce Patterns in Military Marriages
Military life operates on a different schedule than civilian life, and Vermont divorce patterns in military marriages reflect this reality. Here's what affects the timeline:
Vermont requires that couples live "separate and apart" for at least six months before a divorce can be finalized. This doesn't necessarily mean living in different houses – you can live under the same roof while living separate lives. For military families dealing with deployments, this separation often happens naturally when one spouse is overseas or stationed elsewhere.
The typical Vermont divorce can take anywhere from four months to over a year, depending on whether it's contested or uncontested. Military divorces often take longer because:
- Deployments can delay court proceedings
- Getting documents signed when someone is overseas takes extra time
- Military benefits calculations require additional paperwork
- Federal law provides certain protections that can extend timelines
When a service member is deployed to a combat zone or on other qualifying duty, they can request a stay (delay) of divorce proceedings under the SCRA. This protection ensures that service members aren't disadvantaged in legal proceedings because they can't be physically present due to military service.
Division of Military Benefits in Vermont
One of the most significant aspects of Vermont divorce patterns in military marriages involves dividing military benefits. Vermont is an equitable distribution state, which means property and assets get divided fairly (though not necessarily equally) between spouses.
Military Retirement Pay
Military retirement is often one of the most valuable assets in a service member's marriage. The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to treat military retirement pay as property that can be divided in a divorce.
In Vermont, courts consider several factors when dividing retirement benefits:
- The length of the marriage
- The length of military service
- How much of the service overlapped with the marriage
- Each spouse's contributions to the marriage
- The economic circumstances of each spouse
There's a common myth called the "10/10 rule" that many people misunderstand. This rule states that if a couple was married for at least 10 years, and those 10 years overlapped with 10 years of military service, the Defense Finance and Accounting Service (DFAS) will make direct payments to the former spouse. However, this doesn't mean you automatically get 50% of the retirement, or that you get nothing if you don't meet the 10/10 rule. Vermont courts can still divide military retirement even if you don't meet this threshold – the payment just comes through a different mechanism.
Health Insurance and TRICARE
Healthcare is a major concern in Vermont divorce patterns in military marriages. Active duty families have TRICARE coverage, but what happens after divorce?
The 20/20/20 rule determines whether a former spouse keeps full TRICARE benefits:
- Married for at least 20 years
- The service member served at least 20 years
- At least 20 years of overlap between the marriage and service
Former spouses who meet the 20/20/20 rule can keep TRICARE for life (unless they remarry before age 55). Those who meet a 20/20/15 standard (15 years of overlap instead of 20) can keep TRICARE for one year after divorce.
These rules create real pressure points in divorce negotiations. A spouse who is close to meeting the 20/20/20 threshold might try to delay divorce proceedings, while the service member might want to expedite them. Vermont courts recognize these competing interests when setting timelines.
Other Military Benefits
Several other benefits factor into Vermont divorce patterns in military marriages:
Commissary and Exchange Privileges
These shopping benefits follow similar rules to TRICARE, requiring a 20/20/20 status.
Survivor Benefit Plan (SBP)
This insurance-like program allows a portion of military retirement to continue to a survivor after the retiree's death. Vermont courts often order service members to maintain SBP coverage for their former spouse as part of property division or support obligations.
VA Disability Benefits
Unlike retirement pay, VA disability compensation cannot be divided as marital property. However, courts can consider it when calculating support obligations and overall financial resources.
Thrift Savings Plan
The military's version of a 401(k) is divisible property in Vermont divorces and follows similar rules to civilian retirement accounts.
Child Custody and Military Service
Vermont divorce patterns in military marriages show unique challenges when children are involved. The state follows the "best interests of the child" standard when making custody decisions, but military service adds complications.
Impact of Deployments
When a service member's parent deploys, Vermont courts must balance the child's need for stability with the service member's relationship with their child. Vermont law recognizes that deployment itself shouldn't be used against a military parent in custody decisions.
Before the Servicemembers Civil Relief Act was strengthened in 2008, some military parents lost custody simply because they were deployed and couldn't be physically present. Now, Vermont courts must:
- Consider the impact of deployment as temporary, not permanent
- Allow for delegated visitation (where the service member's family maintains contact with the child during deployment)
- Review custody arrangements after deployment ends
- Do not use deployment as the sole factor in making permanent custody changes
Creating Parenting Plans for Military Families
Vermont encourages detailed parenting plans that account for military life. Successful plans often include:
- Provisions for communication when deployed (video calls, email, letters)
- Flexible visitation schedules that work around training and assignments
- Agreements about relocation if one parent gets orders to a new duty station
- Technology use to maintain parent-child relationships during separation
- Plans for making up missed parenting time after deployment
The military often provides resources to help families create these plans, and Vermont family courts typically approve arrangements that show both parents have thoughtfully considered the challenges of military service.
Military Divorce Statistics and Patterns
Category | Military Divorces | Civilian Divorces |
Average Length of Marriage Before Divorce | 8-12 years | 8 years |
Percentage Citing Deployment as Factor | 40-60% | N/A |
Cases Involving Retirement Division | 65-70% | 15-20% |
Average Time to Finalize | 12-18 months | 6-12 months |
Percentage with Minor Children | 55-60% | 40-45% |
These numbers reflect national trends that apply to Vermont divorce patterns in military marriages as well. The longer timeline for military divorces often results from deployment delays, complex benefit calculations, and the need to coordinate with military legal offices.
Spousal Support in Military Divorces
Vermont calls spousal support "maintenance," and it works similarly in military and civilian divorces, with some key differences.
Vermont courts consider many factors when awarding maintenance, including:
- The length of the marriage
- Each spouse's financial resources and earning ability
- The standard of living during the marriage
- Each spouse's age and health
- Educational levels and employability
For military spouses, there are special considerations. Many military spouses sacrifice their own careers to move with their service member partners every few years. This pattern creates employment gaps and limits career advancement, which Vermont courts recognize when determining support.
The military has some guidelines about spousal support. Department of Defense regulations encourage service members to support their families, and failure to pay court-ordered support can result in military consequences, including impact on security clearances and potential disciplinary action.
Military pay is also garnishable for support obligations. In fact, the military often makes it easier to enforce support orders because wages go through a central payment system (DFAS) that can easily withhold support payments.
Vermont-Specific Considerations
Vermont's approach to Vermont divorce patterns in military marriages includes some state-specific elements worth noting:
Strong Military Support System
Vermont has organizations like the Vermont National Guard Family Programs that provide support and resources for families going through divorce.
Small State Advantages
Vermont's smaller population means family court judges often have experience handling military divorces and understand the unique challenges involved.
Recognition of Same-Sex Military Marriages
Vermont was an early adopter of marriage equality, and the state's courts fully recognize same-sex military marriages and apply the same rules to their dissolution.
Property Division Approach
Vermont's equitable distribution system gives courts flexibility to consider military service's impact on marital property, including education benefits used during marriage and career sacrifices made by the non-military spouse.
Protections Under the Servicemembers Civil Relief Act
The SCRA provides critical protections that shape Vermont divorce patterns in military marriages:
Stay of Proceedings
As mentioned earlier, deployed service members can request delays in divorce proceedings, typically for 90 days or more.
Default Judgment Protection
If a service member can't respond to divorce papers because of military service, courts must take extra steps before entering a default judgment.
Interest Rate Caps
While not directly related to divorce, the SCRA caps interest rates on debts incurred before military service at 6%, which can affect property division.
Vermont courts take SCRA protections seriously. If you're filing for divorce against a service member, you'll need to verify their military status and provide that verification to the court.
Legal Separation as an Alternative
Some military couples choose legal separation instead of divorce, and this is an option in Vermont. Legal separation allows couples to divide property and establish support obligations without actually ending the marriage.
This option appeals to some military families because:
- It preserves some military benefits that divorce would terminate
- It allows time to see if the relationship can be saved
- It provides legal structure for living apart without the finality of divorce
- It can protect benefit eligibility if the couple is close to a threshold like 20/20/20
Vermont treats legal separation similarly to divorce in terms of property division and support, but the couple remains legally married.
Getting Help with Military Divorce in Vermont
Vermont divorce patterns in military marriages show that getting professional help usually leads to better outcomes. Resources include:
Military Legal Assistance
Each branch provides free legal assistance to service members, though these attorneys typically can't represent you in court.
Vermont State Bar Association
Offers a lawyer referral service that can connect you with attorneys experienced in military divorce.
Family Court Self-Help Centers
Vermont's courts provide resources for people representing themselves, though military divorces are complex enough that legal representation is usually recommended.
Veterans Service Organizations
Groups like the VFW and American Legion can guide on benefits issues.
Looking Ahead
While military divorces involve extra complexity, Vermont's family courts have experience handling these cases fairly.
The key is preparation. Gathering documentation about military benefits, understanding the SCRA protections, creating detailed parenting plans that account for military life, and seeking qualified legal advice can make the process smoother.
Military service requires sacrifice, and divorce adds another layer of stress to an already demanding lifestyle. Vermont's legal system provides frameworks to address the unique aspects of military marriage dissolution while protecting the rights of service members, their spouses, and their children.
If you're facing divorce as a military family member in Vermont, remember that you're not alone. Many resources exist to help you through this transition while protecting your rights and securing your future.