If you are legally separated, you are still technically married and can’t remarry. Copyright ©2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. You are about to leave the Military OneSource site. Civilian attorneys who specialize in family law know their state’s laws. Advice on legal issues such as divorce and child custody, income taxes, the Servicemembers Civil Relief Act and more. Similarly, if they have a “separation agreement,” it just shows that they are currently separated and have made some agreements to help spell out rights and responsibilities during this time period. People often confuse being separated with a legal separation. For example, military laws and Federal statutes will determine the division and/or distribution of military pay, military benefits (retirement and health), and certain types of property. However, military spouses have access to military legal assistance services at no cost through installation legal assistance offices. This article explains the differences between these concepts and provides a basic overview of military divorce. Although military personnel and their family members have access to free legal services provided by the Judge’s Advocate General’s Corps (military officers who are also lawyers), military lawyers are not usually familiar with state divorce laws. If you are getting a divorce, you can still receive BAH in most cases. Learn the BAH Basics. In contrast, the laws of the state in which the divorce proceeding is filed (usually the state where one of the spouses has resided for the requisite period of time) will govern how the divorce proceeds and how most of the divorce-related issues are decided, including child custody and visitation, child support, alimony and the division of certain property and debts. Generally, the military views divorce as a private civil matter to be addressed by a civilian court.