Separation and Divorce: Responsibilities and Resources

Summary

  • Excerpts from 24 STATE 26038, released on March 13, 2024.

Index

Key Points

  • Separations and divorces among post personnel present challenges for both the families who must deal with the stress and logistical difficulties, and for post leadership, which is responsible for assisting involved parties.
  • When providing support to employees and families separating or divorcing at post, leadership and management teams should work to minimize the logistical stresses for the family and disruptions for post.
  • Resources are available for families experiencing a marital crisis while at post or in the United States. For a list of resources available via internet, see section ‘Resources’.
  • In cases where cohabitation is no longer practical or advisable, the sponsoring employee must work with post management to facilitate the relocation of the spouse (and/or dependents, if appropriate) plus belongings to the United States or alternate overseas location, if preferred, on a cost-construct basis.
  • The employee is expected to meet any legal obligation to provide adequate financial support, documentation, and care for family members during periods of separation.

Summary

Marital separation and divorce are difficult, emotionally trying times for families. The stress and logistical difficulties of a separation or divorce can be greatly exacerbated when an employee and their family members are posted abroad. Department of State employees are expected to address personal affairs responsibly, to ease the departure of family members when needed, and to meet any legal obligation to provide adequate financial support, documentation, and care for family members during periods of separation. When there is an impending dissolution of a marriage and a spouse and/or children depart post on Advance Travel Orders, they may lack the resources to set up a home and sustain themselves. As required to uphold the integrity of the Foreign Service (see 3 FAM 4139.14 and 3 FAM 2215.2-6), the sponsoring employee is responsible for meeting any legal obligation to ensure that their dependents have adequate resources and support until the employee provides the final divorce decree to their PCS Analyst and removes the dependents from their travel profile and OF-126 (Foreign Service Residence and Dependency Report). Employees of a U.S. agency other than the Department of State are also expected to meet any such legal obligation to adequately provide for a spouse/family.

Responsibilities

While divorce itself is a private civil matter, the COM and the Department have an interest in ensuring the welfare of the employee(s), the employee’s dependents, and the post; maintaining overall morale at post; fulfilling security requirements and protecting the integrity of Department operations. The Executive Office at post should advise all employees of the responsibility to follow applicable ethics rules and adhere to the standards for continued employment. The Executive Office at post should also remind employees that they are expected to behave professionally at all times. Employees are strongly reminded to adhere to Department policies and procedures; failure to do so may result in disciplinary action, up to and including separation.

Spouse/Family Departure from Post

If a family is unable to resolve its issues while overseas, the parties involved may decide that the sponsoring employee’s spouse and/or family will leave post. In this case, the sponsoring employees must facilitate the return of the spouse (and/or children, if appropriate) to the employee’s service separation address in the United States or to another location in the United States that the family may choose on a cost-construct basis, as outlined in 14 FAM 532.8. A spouse wishing to depart post and travel to a non-U.S. location – such as a country of origin for non-U.S. citizen spouses – may do so via cost-constructed travel. The employee and spouse are encouraged to reach an agreement with respect to the disposition of household effects (HHE) via a signed and notarized Joint Property Statement before the spouse departs post. The sponsoring employee is responsible for facilitating travel arrangements for the departing spouse and/or children. In addition, the employee is responsible for ensuring adequate arrangements are in place prior to the spouse’s and/or children’s departure from post, including access to HHE. If the employee controls vital documentation such as, but not limited to, tax records, identity documents, bank statements, medical and insurance history, and school records, the employee should abide by any requirement or obligation to share copies with the spouse.

Curtailment

If the employee believes that a marital or family dissolution would be handled better in the United States, they may seek voluntary curtailment through their career development officer, in accordance with the procedures explained in 3 FAM 2443.1. If the employee does not request voluntary curtailment, but the COM nonetheless determines that curtailment of an employee’s tour of duty would be in the best interests of the post, the employee, and/or the employee’s dependents, the COM may request that the Director General approve an involuntary curtailment. As explained in 3 FAM 2443.2, the employee will be offered the opportunity to voluntarily curtail in lieu of involuntary curtailment as part of this process. Post must contact GTM’s Manager Support Unit (MSU) and their bureau’s Executive Directorate (EX) office if they are considering involuntary curtailment. The COM may also request the involuntary curtailment of employees of other U.S. agencies who fall under COM authority and should coordinate with the MSU, their bureau EX, and the appropriate agency.

Resources for Families

The Bureau of Global Talent Management’s Global Community Liaison Office’s (GTM/GCLO) online publication “Divorce and the Foreign Service” addresses topics related to separation and divorce, including Advance Travel of Dependents. GCLO’s Support Services Team, post’s Health Unit (including nurses, medical providers, Regional Medical Officer, and/or Regional Medical Officer/Psychiatrist), Community Liaison Office (CLO), and Employee Consultation Services (ECS) can provide information, resources, and support. In addition, for Department of State employees and family members, GTM’s Office of Employee Relations Work Life Division’s WorkLife4You (WL4Y)  program offers a comprehensive and confidential resource and referral service for employees and their family members who are searching for ways to balance the demands of their professional and personal lives. Employees and their eligible family members (EFMs) can seek the assistance of Employee Consultation Services (MED/ECS) as needed. Non-State employees may check with their agency for guidance pertaining to their agency’s contracted Employee Assistance Program. For a list of resources, see section ‘Resources.’

Special Considerations for Tandems

Separations and divorces among tandem couples present challenges for all those involved, both for the families and for post leadership. Tandem couples are encouraged to review all the resources identified in this cable and to reach out to post management and the GCLO office for further tandem-specific guidance.

Victims’ Resource Advocacy Program

The Bureau of Diplomatic Security’s (DS) Victims’ Resource Advocacy Program (VRAP) is committed to empowering victims of crimes within DS’s investigative jurisdiction including, but not limited to, domestic violence, sexual assault, and child abuse. Unfortunately, some divorce scenarios are predicated by or lead to violent victimization, which may trigger VRAP’s outreach to those harmed. A representative of VRAP sits on the Department’s Family Advocacy Committee (chaired by the Deputy Medical Director of MED/Mental Health Services), based in Washington, D.C., and is committed to supporting victims. Contact VRAP at vrap@state.gov.

Reporting Security Concerns to the Bureau of Diplomatic Security

Divorce scenarios may also involve conduct that presents concerns relevant to an individual’s security clearance. A list of reportable actions by others is available at 12 FAM 273.2. Individuals may report actions and/or conduct to the DS Office of Personnel Security and Suitability (DS/SI/PSS) at DSDirectorPSS@state.gov. DS/SI/PSS will acknowledge receipt; however, any actions taken on the basis of such reports are not disclosed to the reporter. When assessing reports, DS/SI/PSS uses the “whole person concept,” that is, considering the totality of an individual’s conduct and all relevant circumstances. Any allegations of domestic violence should be reported to the Regional Security Office or the Office of Special Investigations at DS-OSIDutyAgent@state.gov and handled according to 3 FAM 1810.

Personal stress, such as during a divorce or separation, can sometimes lead to violent or threatening behavior, especially within the close communities overseas, so early identification of potential problems is key. When individuals notice behavior indicative of an insider threat, they should report it immediately to InsiderThreatReporting@state.gov. For more information contact ITP_Education@state.gov.

Contact Information

The Department understands that separation and divorce are difficult and emotionally trying times for families, and we are here to help. For more information about divorce when serving in the Foreign Service, contact GTM/GCLO at GCLOAskSupportServices@state.gov. GCLO can also provide information on spousal employment, the Divorce Support Group at State, and the Associates of the American Foreign Service Worldwide (AAFSW) Spouses in Transition and Foreign-Born Spouses groups.

Resources

Tags

Foreign Service Life Global Community Liaison Office

U.S. Department of State

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