If you serve in the military or plan to marry someone who does, you may wonder how prenups and postnups apply to military families. Military life can affect family finances in ways many civilian couples do not experience. Deployments, relocations and changes in military pay can affect both daily life and long-term plans.
In most cases, military prenups and postnups follow the same legal rules as agreements for civilian couples. Still, military benefits and service duties can create issues that require added planning within the agreement.
What prenups and postnups can cover
Prenups and postnups let couples decide how they will handle certain financial matters during the marriage and how they will divide property if the marriage ends. These agreements may cover separate property, debts, spousal support and businesses.
Under New Jersey law, both spouses must sign the agreement voluntarily and provide honest financial information. Courts also expect the terms to stay lawful and fair when the couple signs the agreement.
How military divorce can create different concerns
Military couples may include terms that address benefits and financial issues connected to military service. These include:
- Military retirement pay and pension benefits
- Health care coverage through TRICARE
- Disability compensation and military income
- Housing allowances and relocations
- Job changes caused by deployments or transfers
Military service can also affect where your family lives and whether one spouse leaves a job during a move. In turn, these may affect how you and your spouse handle property division or spousal support within the agreement.
However, prenups and postnups cannot decide future child custody or child support issues. Courts decide those matters based on the child’s best interests at the time of the divorce.
Why planning ahead may help military families
Military prenups and postnups do not follow completely different legal standards than civilian agreements. The main difference is that military families may need to address benefits, relocations and changes in military income that civilian couples may never face.
Reviewing these agreements before signing them may help you and your spouse avoid confusion later and create terms that better fit military life.