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How to Keep Your Security Clearance During a Divorce

Divorce is one of life’s most difficult events, affecting individuals emotionally, financially, and professionally. For security clearance holders, it also raises an important question. Does your divorce affect your security clearance? It is important to understand that a divorce by itself does not automatically lead to security concerns with a security clearance. However, they can in certain circumstances. The key for a cleared individual is how they handle their divorce (financially, legally, personally). This can make all the difference in maintaining your security clearance eligibility.

These issues come up for both federal employees and government contractors equally. While the rules for these two different types of employees are similar, most of the same principles apply to both.

Divorces for Security Clearance Holders

Divorces are difficult, but they add an extra layer of concerns for security clearance holders. In theory, a divorce should not really affect a clearance holder’s security clearance. However, it can. For example, if the divorce triggers circumstances that raise security concerns, then issues can arise. These can include domestic issues, financial issues and other types of conduct concerns that can arise from a divorce. When looking at a security clearance, the focus isn’t on the divorce itself, but how well the individual manages the issues that come out of the divorce. The critical issue to maintaining your security clearance with a potential divorce pending is to plan carefully and take steps to resolve potential issues ahead of time.

This can sometimes be easier said that done. However, it is important to take these steps to avoid the security clearance appeals process.

Potential Risks During the Divorce Process

1. Financial Issues

Financial issues remain one of the most common reasons clearance eligibility is challenged. Divorce can seriously disrupt your financial portfolio. A divorce often involves the division of assets, increasing financial obligations (child, spousal support), and altering income and living arrangements. In some cases, a divorce can alter credit scores. A divorce can potentially impact finances so much that it may signal potential vulnerability to possible coercion.

Some Mitigating Issues:

• Do your best to maintain current on all financial obligations (especially child support or spousal support).
• Try hard to avoid defaulting on debts or falling behind on payments.
• Work with creditors to resolve pending financial issues related to the divorce.
• Document your efforts and show proactive management of your finances (keep copies of all records).
• If your financial abilities change significantly, make sure you talk to your facility security officer (FSO) or security office as required.
• For federal employees, work with qualified counsel for resolving OPM benefits issues.

2. Conduct, Contentiousness and Courts

Contentiousness is one of the biggest issues we see in divorce cases involving clearance holders. Security clearance adjudicators are always evaluating whether you act with integrity and sound judgment in all of your dealings. A divorce involving highly contentious litigation, allegations of domestic misconduct, alleged abuse, protective orders, or erratic behavior can trigger security concerns Guidelines E and J of Security Executive Agent Directive 4 (SEAD 4). In contentious divorces involving custody and other serious issues, it is not uncommon for a spouse to file for a Temporary Protective Order (TPO) against the other spouse out of anger or a criminal complaint of abuse. Often a spouse is extremely angry and may involve the police.

These types of issues can lead to financially devastating outcomes for the clearance holder and spouse as it can result in the suspension or loss of a security clearance. Of all of the security clearance cases we have had over the years, involving divorce, it is the contentiousness that often causes the most problems.

Ways to Manage these Issues:

• Keep the divorce proceedings civilized (this can sometimes be difficult).
• Inform your divorce attorney that you need to keep the divorce proceedings as civilized as possible (otherwise things can get out of hand quickly).
• Make sure you comply with all court orders.
• Keep calm in dealing with your spouse and avoid (to the extent possible) arguments.
• Avoid letting disputes become public or uncontrolled.
• Avoid Posting Issues Involving the Divorce on Social Media.
• If allegations arise, respond responsibly, seek legal advice, and ensure your security office is appropriately notified if required.

Reporting the Divorce

Most security clearance holders must report major life events including divorce, changes in cohabitation, or significant financial changes, usually as soon as possible. Failing to report is itself a potential clearance issue. When in doubt, it is best to seek advice in reporting these issues. Transparency is always preferable to omission or concealment. Not doing so, in many cases, can lead to the potential loss of a clearance and for some federal employees, loss of a clearance or discipline. This is not a major issue and can be handled easily.

Tips for Protecting your Security Clearance During a Divorce

1. Hire Competent Attorneys: for both the divorce and security clearance issues. These are two different areas of law so it is important, when security issues arise that you also have a security clearance lawyer working in conjunction with your divorce counsel.
2. Be Proactive Financially: review support obligations, marital asset division, cohabitation changes, and ensure plans for your post-divorce finances.
3. Maintain Financial Obligations: continue to pay support, manage debt, make payments, negotiate payment changes where needed, document your efforts and changes.
4. Communicate with Security: as required, and be sure your SF-86 or equivalent is updated accurately and fully.
5. Manage Personal Conduct Issues: comply with all legal orders, avoid public disputes or behaviors that may raise questions about judgment.
6. Keep Calm: in interaction with your spouse. The less anger and contentiousness, the better.
7. Retain Documentation: retain proof of payments, settlement documents, compliance with court orders, records of support, and correspondence with your security office or FSO.

Contact Us

In most cases, a divorce will not affect your cleared career. For security clearance holders, the key is how you manage the transition. If you hold a security clearance it is important to get legal advice from a security clearance lawyer. Security clearance lawyers often work with divorce attorneys to coordinate the best possible outcome. We can be reached here for a consultation.