Military Divorce and Adverse Actions: Protecting Your Career and Your Rights

Are you a service member going through a divorce? Did you know that divorce can lead to adverse military actions that affect your career, benefits, and even your freedom? 

As a former JAG officer with experience as both a prosecutor and defense counsel, I’ve seen firsthand how divorce can lead to allegations of misconduct, including financial abuse, failure to support, domestic violence, and other UCMJ violations. Unlike the civilian world, where such allegations may not impact your job, in the military, even accusations can trigger serious consequences under the Uniform Code of Military Justice (UCMJ). 

Whether you're on active duty, Guard, or Reserve orders, your personal life can become a military issue. Understanding your obligations under military law is critical. Here’s what you need to know. 

Military Divorce & Financial Obligations 

Failure to Support: A UCMJ Violation 

Each branch of the military has regulations requiring service members to financially support dependents (spouse and children) during separation and divorce. Failing to comply can result in: 

• Administrative actions (counseling, reprimands) 

• Non-Judicial Punishment (Article 15/NJP) 

• Separation from service 

For example, in my experience with the Air Force, failure to support often leads to counseling but can escalate to NJP if it’s a repeated issue. While I cannot speak for the Army, I can say that the regulation on point seems to indicate that the result will be NJP. 

What to Do: Know your branch’s regulations regarding spousal and child support. If you’re unsure, seek legal advice before making any financial decisions. 

Military Divorce & Criminal Allegations 

Domestic Violence & Misconduct Allegations 

Divorces can become contentious, and accusations of domestic violence, financial misconduct, or other UCMJ violations can arise. Even if false, these allegations can lead to: 

• Command investigations 

• Military Protective Orders (MPOs) 

• Court-Martial or Discharge Proceedings 

What to Do: If you are accused, do not speak to anyone without legal counsel. Contact an attorney before responding to law enforcement, commanders, or first sergeants. 

If your spouse, or anyone else, accuses you during the divorce process of domestic abuse or a sexual crime, contact an attorney ASAP. Do not wait until you are interviewed by law enforcement. Invoke your right to silence and ask for counsel. 

Your Rights Under Military Law 

Invoke Your Right to Silence 

Did you know that service members have stronger legal protections than civilians during criminal investigations? Under Article 31(b), UCMJ, you have the right to: 

• Remain silent – You are NOT required to answer questions from commanders, supervisors, persons with disciplinary authority or law enforcement. 

• Be informed of the allegations against you. 

• Request legal representation immediately. 

• Stop questioning at any time. 

Unlike civilians, who must be in custody before Miranda rights apply, service members can invoke these rights anytime. 

Real-World Example 

Your First Sergeant asks about a financial dispute with your spouse. Because you trust your First Sergeant and you’ve always been friendly, you explain that you’re withholding support due to infidelity and paternity concerns. Two days later, you receive a Letter of Reprimand for failure to support. 

 What to Do: Never discuss legal or financial disputes with your chain of command without first understanding the consequences and/or speaking to an attorney about what the consequences might be.  

Key Takeaways: Protect Yourself During Military Divorce 

So, what should you takeaway from this article? First, know that your divorce is bigger than just you and your spouse and there are implications for your military career when or if it gets contentious. Other things I want you to remember: 

• Divorce can lead to UCMJ violations – Be aware of financial support obligations and avoid legal pitfalls.
• Silence is your best defense – Do NOT talk to your First Sergeant, commander, or military investigators without an attorney.
• Legal guidance is essential – Work with an experienced military law attorney who is well-versed in adverse actions to protect your rights. 

If you’re navigating military divorce, facing misconduct allegations, or worried about how legal disputes impact your military career, contact Ball Morse Lowe today. Ask to speak with Taylor Brown for experienced legal guidance in military law and adverse actions.