Life in the services can put any relationship under pressure. While getting a divorce in the military is the same as for civilians, the complexities of military life, and especially military pensions, mean that you need to take expert legal advice.
If you or your spouse serves in the armed forces, there are extra pressures on your relationship, whether it's a marriage or a civil partnership.
Sadly, long separations and other difficulties can lead to the breakdown of relationships, and if that day comes, you'll need expert advice to help negotiate the challenges of a military divorce.
The law treats the end of a military marriage the same way as a civilian couple getting a divorce. The only required grounds for divorce are to show that the marriage has irretrievably broken down, as explained in a statement of irretrievable breakdown. A military divorce lawyer can help make this process easier to understand and navigate.
Why are military divorces more complex?
Three main factors make military divorces more complicated than civilian divorces:
Housing and child arrangements: Where one of you is posted abroad, for example, and the divorce or separation means that the children might not be able to continue living in service accommodation or even in the same country as one parent
Boarding school allowances: Where the minimum parental contribution for school costs changes after divorce
Military pensions: These can be far more complicated than other types of pensions, making it harder to establish a fair financial settlement on divorce
With so many types of military pensions available – from AFPS 1975 to RFPS 05 – there's a lot of information to consider. However, it's worth noting that courts have a number of ways to structure divorce financial settlements in cases of military divorce. These include:
No settlement: Where both parties can have a clean break because they have similar pension arrangements
Offsetting: Where the value of pension rights is kept by whoever has earned them, and the other party gets a bigger share of other assets to achieve a fair settlement
Attachment: Where one party receives money either as a lump sum or regular payments from their former spouse's pension
Pension sharing: Where a former spouse gets to share a pension, making them a member of the scheme in their own right
The range of pension options alone means that getting expert advice at the earliest opportunity is essential, whether you're in the military yourself or are divorcing a military spouse.
How to get a divorce in the military
Application (Day 1): We file the divorce application (sole or joint). This starts the legal clock. At this stage, we might also advise you to request your pension valuation (CEV). This typically takes around six weeks to arrive and is valid for a year, so applying at this stage can prevent delays further down the road.
Reflection period (20 Weeks): Once the application is issued, a mandatory 20-week cooling-off period begins. You cannot progress the legal divorce during this time. Your military divorce solicitors use this fixed window to gather financial disclosures and can prepare the groundwork via email, so that no time is wasted if you are deployed.
Conditional Order: After the 20 weeks are up, we apply for the Conditional Order. This is the court confirming that you are entitled to a divorce. It does not end the marriage yet, but it acts as the gateway to the financial stage.
Financial Settlement: Before finalising the divorce, it's strongly advised to agree on how assets (especially the Armed Forces Pension) will be split. This stage causes the most variation in timeframe.
Final Order: Legally, you can apply for this six weeks and one day after the Conditional Order. Granting the Final Order triggers the loss of 'spouse' status in military records, which starts the clock on eviction from Service Family Accommodation (SFA) within 93 days. If you are currently living in SFA with children, the 93-day deadline may be extended.
Why choose Slater and Gordon's military divorce lawyers?
At Slater and Gordon, our military divorce lawyers have the experience to help you deal with every scenario. The law for ending your marriage is the same as for civilians, but the complexities of military life and pensions mean that you need to take expert legal advice.
How your divorce is handled will affect the rest of your life: from your relationships with any children you might have to your ability to retire with a decent pension.
We are ranked in the independent legal directory Chambers and Partners and in the Legal 500, showcasing our dedication to providing outstanding family law services
Many members of our family law team have also been individually recognised in the Legal 500
We are Lexcel accredited, which was introduced by The Law Society as a quality mark for client cases, practice management and legal compliance
We pride ourselves on finding amicable solutions where possible, while ensuring your rights and interests are protected throughout the legal process to achieve the best outcome for you and your family
We’re proud members of Resolution, an organisation of family justice professionals committed to promoting a constructive approach to family issues that considers the needs of the whole family
We have dedicated family offices nationally, including Manchester, Wirral, Liverpool and London, bringing national expertise to your doorstep.
We offer a 45-minute, fixed fee consultation for £150, so talk to one of our army divorce lawyers by calling 0330 041 5869 or contact us online today and we will call you. Prices quoted on this page include VAT.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint.
C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued.
B L (family and personal matters case)
We're an award-winning law firm and have a dedicated team of military divorce lawyers near you to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We offer affordable, expert legal advice on divorce and child arrangements. Book a consultation with us for clear guidance and next steps. Consultations are charged at £150 for 45 minutes.
Tailored advice
We understand that family situations differ – so our divorce lawyers for military personnel and spouses can provide tailored advice and guidance to suit your individual needs.
Local access
We're a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call to suit your requirements.
Legally, a military divorce follows the same timeline as a civilian one. The average time for a divorce in the UK is a little over a year, from first application to Final Order. However, military life often introduces unique delays that we can help you manage.
If either partner is currently deployed or on exercise, responding to court papers can be delayed. Our military divorce lawyers understand that operational effectiveness comes first. If you are the serving member, we can apply to the court to pause proceedings until you return. If you are the spouse waiting at home, we can ensure that these delays are minimised and that interim financial support is in place while you wait for the process to conclude.
What are military spouses entitled to in a divorce?
Just as in a civilian divorce, military spouses are entitled to what is deemed to be a fair share of the matrimonial assets, including the military pension. The court will also recognise the sacrifices that a non-serving military spouse may have made, such as moving frequently and potentially sacrificing their own careers.
Military spouses may be entitled to:
Pension sharing: A portion of the Armed Forces Pension Scheme (AFPS).
Spousal maintenance: Monthly payments if you cannot support yourself immediately.
Housing support: Assistance if you believe you should be able to stay in SFA beyond the 93-day eviction notice.
Our divorce lawyers can act for military spouses as well as serving personnel. For further legal advice, speak to our team on 0330 041 5869 or get in touch online to request a call back.
Can a military pension be split up after divorce?
Yes. An Armed Forces Pension is often the largest matrimonial asset and the most complex area when getting a divorce in the military. The courts have significant powers to divide these assets and generally look at three distinct methods to achieve a fair split.
Pension Sharing Order (PSO): This is often the preferred route for a divorce with a military spouse as it provides a clean break. A percentage of the serving member's pension is transferred immediately to the ex-spouse or civil partner, who becomes a member of the pension scheme in their own right.
Attachment Orders: This is similar to a PSO, although the spouse does not become a member of the pension scheme. Instead, the court orders the pension scheme to pay a portion of the member's lump sum or monthly income to the ex-spouse when the pension is eventually paid.
Offsetting: This is common where the serving member wants to protect their pension, or the spouse wants to keep the family home. The value of the pension is calculated, and the serving member keeps 100% of it. In exchange, the spouse receives a larger share of other assets – typically a privately bought house or savings – of equivalent value.
What information do you need to file for military divorce?
It helps to have the following ready once you have decided that divorce is the best course of action and you want to speak to army divorce lawyers:
Original marriage certificate, or a certified copy.
Military details, including rank, service number, and current posting location (for serving members).
Pension valuation – this should be a current Cash Equivalent Value (CEV) from Veterans UK.
Housing status - are you living in Service Family Accommodation (SFA), a private rental or a privately owned home?
Deployment schedule, including the dates of any upcoming deployments that might affect communication.
How does civil partnership dissolution work in the military?
Dissolving a civil partnership in the military follows the exact same legal and logistical process as divorce. You have the same rights regarding the Armed Forces Pension Scheme, SFA, and child support. The no-fault rules also apply here. Our military divorce solicitors treat all service families with equal respect and expertise.
How do child arrangements work in a military divorce?
Child arrangements can be an area of contention due to the unpredictability of military service. A standard model often won't fit when a parent is deployed for six months or works unpredictable shifts.
If necessary, we can help you draft a flexible child arrangement order that accounts for the changes between periods of deployment and operational leave.
Education arrangements are another key aspect of a military divorce with children involved. Issues to consider include:
Continuity of Education Allowance (CEA): If your children attend boarding school funded by CEA, divorce can jeopardise this eligibility. If the children move in permanently with the non-serving parent, the Ministry of Defence may withdraw funding. If your children are approaching crucial exam periods like GCSEs or A-Levels, this support will be maintained until they have passed through this stage of education.
Service Pupil Premium (SPP): The SPP provides extra government funding to state schools to support service children – specifically for pastoral care during difficult transitions. No matter which parent your children live with after divorce, this funding will remain in place until the end of Year 11.
How much does a military divorce cost?
We believe in transparency. Our initial consultation is completely free of charge and is typically done over video call, so you don't need to travel to an office.
We offer a fixed fee service for a straightforward divorce. This allows you to understand your position – especially regarding the pension and housing – without facing an open-ended bill.
Resolving complex financial matters or issues surrounding children may incur further costs. We can discuss likely fees with you when you instruct us to help with your divorce.
Do I have to go to court for a military divorce?
In most cases, no. You will not have to stand in a courtroom. The divorce itself is largely an administrative process. Financial and child arrangements are usually negotiated by us via email, letter or mediation.
Court hearings are only necessary if you cannot agree on finances or child custody. We work hard to ensure any negotiations or disputes are resolved quickly and effectively to minimise any stress and emotional upheaval for you and your family.
Who gets custody of children in a military divorce?
There is no automatic preference. The court's only concern is the best interests of the child.
Often, the non-serving spouse becomes the primary carer simply because the serving member is liable to be deployed. Where this is the case, we work closely with you to handle any concerns around contact arrangements with your child or children to ensure you retain protected contact rights regardless of your service obligations.
Being in the military does not mean you lose custody. However, your deployment schedule may be taken into account. If you are posted overseas and wish to take your children to live with you, written consent from the other parent or a court order will be necessary.
Do I need a lawyer for a military divorce?
Legally, you are not obligated to instruct a lawyer for a military divorce, but this can open you up to significant risk, particularly where there are disputes around finances or child arrangements.
For example, if you are a serving member of the military, you may inadvertently disadvantage yourself when it comes time to split financial assets like your military pension.
If you are a non-serving military spouse, you could miss out on a share of financial assets or become evicted from SFA without understanding your rights to stay.
It is strongly recommended that you speak to a specialist military divorce solicitor to discuss your circumstances before you proceed. Your lawyer will be able to provide expert and tailored legal guidance, working closely with you to ensure your rights and entitlements are protected and secured.
Who gets the house in a military divorce?
This will depend on your type of housing. If you are in private housing – that is, a home you have bought and own as a martial couple – it will be treated like any civilian asset would be. This usually means it will be split or sold.
If you’re living in Service Family Accommodation (SFA), things work differently. This is because SFA is provided for the serving military personnel. Once the Final Order is granted, the non-serving spouse loses the entitlement to live there and will typically be given a notice to vacate in 93 days.
It may be possible to remain in SFA for longer in exceptional circumstances. To discuss your case in more detail, call us on 0330 041 5869 or get in touch online to arrange a call back.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint. C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf. J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued. B L (family and personal matters case)