Why It’s Better to Hire an Attorney (and Not Just Use Base Legal) for Your Separation Agreement

As a military spouse, you’ve probably heard that you can visit “base legal” for free help with family law matters, including separation agreements. And while the legal assistance offices on base are an incredible resource for general guidance, it’s important to understand their limits, especially when your future finances, housing, and custody arrangements are at stake.

Here’s why hiring a private attorney who understands both military life and family law is one of the best investments you can make during separation.

1. Base Legal Can’t Represent You or Your Interests

Base legal offices are staffed by military attorneys who serve both sides of the installation community. They can give you information, but they can’t take sides or advocate for you personally.

That means:

• They can explain the law but can’t draft terms in your favor.

• They can’t negotiate with your spouse’s attorney.

• They can’t appear in court or file anything on your behalf.

When emotions and finances are involved, you need someone who is solely focused on protecting you, not balancing fairness for both parties.

2. Their Templates Are Generic and Often Miss Key Protections

The sample separation agreements provided by base legal are usually standard templates, designed for simplicity and neutrality. They rarely account for:

• Complex military retirement division (RBCO/QDRO) requirements

• Tricare coverage, SBP elections, or survivor benefits

• State-specific property division laws

• Custom custody schedules that fit your deployment or PCS realities

A private attorney can tailor every clause, from parenting time to housing transitions, to reflect your unique military lifestyle and long-term stability.

3. Your Agreement Needs to Be Enforceable in Civilian Court

Even if you sign a base legal separation agreement, it won’t hold weight unless it meets your state’s legal standards and is properly executed.

North Carolina, for example, has very specific requirements for notarization, disclosure, and independent counsel. If those steps are skipped or mishandled, the agreement could later be invalid or unenforceable in court.

A family law attorney ensures your agreement is legally binding and court-ready, not just a piece of paper that looks official.

4. An Attorney Can Anticipate Future Issues

Military life changes fast; orders, deployments, remarriage, relocations. A seasoned attorney can help you plan ahead for those transitions so your agreement doesn’t fall apart when life shifts.

For example:

• Adding “relocation clauses” to anticipate PCS moves

• Structuring graduated custody schedules

• Protecting access to military benefits post-separation

You deserve an agreement that grows with your family and your military journey.

5. You’ll Get Personalized Guidance, Not Just a Handout

A good attorney doesn’t just draft paperwork: they listen. They’ll help you understand your rights, explain your options, and make sure you’re not signing away something important without realizing it.

When you work with a private lawyer familiar with the military community, you’ll get support that feels more like a partnership, not a quick appointment slot.

The Bottom Line

Base legal is a great starting point for basic legal education, but it’s not a substitute for having your own advocate — someone who understands both the law and the lifestyle.

If you’re a military spouse considering separation, investing in a private attorney ensures your agreement is fair, enforceable, and truly yours.

Need help with your separation agreement?

I offer cost-effective, unbundled legal services designed specifically for military families including separation agreements, custody schedules, and parenting plans that fit your military lifestyle.

Reach out for a consultation to learn more about how I can help you protect your future with clarity, confidence, and compassion.