A military divorce poses unique challenges that require special care in child custody, impact on pension and insurance benefit plans, jurisdiction, and many more.
Child custody can be complicated by periods of absences away from the family home during deployment, which needs to be handled carefully when seeking shared or joint custody. This can be further complicated when both spouses are in the military and special arrangements including extended family members are required.
Ending of a military marriage or common-law relationship can impact your pension and insurance benefit plans. Your former spouse may be eligible for part of your Canadian Armed Forces pension as per the Pension Benefits Division Act (PBDA). You may also decide to object to the proposed division in the application by filing an objection with the Minister of National Defense.
Jurisdiction can become a complicated matter as service members can file for divorce in the service member’s primary residence, the child’s primary residence, or where the service member is stationed at the time of the divorce. Jurisdiction governs the laws that will apply to your case, needing careful consideration before filing for divorce.
It is clear from the above challenges that you need a lawyer specialized in military divorce if you or your former spouse/ common-law partner is in the military.
We have more than 10 years of experience with military divorce. Contact us at 613-453-2275 for a consultation today!