Divorce is one of life’s major transitions, affecting individuals emotionally, financially, and professionally. For security clearance holders, it also raises an important question. Will a divorce affect your security clearance? The short answer is: Usually not. A divorce by itself does not automatically lead to issues with a security clearance. The longer answer is that how you handle your divorce (financially, legally, personally) can make all the difference in maintaining your security clearance eligibility. These issues apply to both federal employees and government contractors equally.
Why It Matters
A major change in marital status, such as a divorce, shouldn’t (but can) affect one’s security clearance. For example, if the divorce triggers circumstances that raise security concerns (e.g., severe financial distress, misconduct, domestic complaints, lack of transparency), those could cause security clearance problems. The focus isn’t on the divorce itself, but on how you manage the fallout and whether you continue to remain a stable and reliable clearance holder.
Key Risk Areas in a Divorce
The key to maintaining your security clearance in the wake of a potential divorce is to plan carefully and take steps to resolve potential pitfalls ahead of time.
1. Financial Responsibility
Financial issues remain one of the most common reasons clearance eligibility is challenged. Divorce can seriously disrupt your financial landscape. A divorce often involves the division of assets, increasing obligations (child or spousal support), and altering income and living arrangements. A divorce can potentially impact finances which may signal potential vulnerability (for example, to coercion).
To mitigate this risk:
- Stay current on all legal financial obligations (especially child support or spousal support).
- Avoid defaulting on debts or falling behind on payments.
- Work with creditors to resolve pending shortfalls or financial issues related to the divorce before they become problems.
- Document your efforts and show proactive management of your finances.
- If your financial picture changes substantively, make sure you talk to your facility security officer (FSO) or security office as required.
2. Conduct & Judgment
Clearance adjudicators also evaluate whether you act with integrity and sound judgment. A divorce involving highly contentious litigation, allegations of domestic misconduct, protective orders, or erratic behavior can trigger concerns about reliability or emotional stability. In contentious divorces involving custody and other serious issues, it is not uncommon for a spouse to file for a Temporary Protective Order against the other spouse out of anger. This can lead to financially devastating results, if not warranted, and 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 divorces it is the contentiousness that often causes the most problems.
Best practices:
- Do your best to keep the divorce proceedings civilized (this can sometimes be difficult).
- Comply with all court orders and legal requirements.
- Avoid letting disputes become public or uncontrolled.
- If you have a divorce attorney, let them know that you need to keep the divorce proceedings as civilized as possible (otherwise things can get out of hand quickly).
- If allegations arise, respond responsibly, seek legal advice, and ensure your security office is appropriately notified if required.
Reporting Requirements
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.
Steps to Take to Protect Your Clearance
- Engage competent counsel who understands both family law and security-clearance implications (or have your divorce lawyer work with a security clearance lawyer to better understand the process).
- Prepare proactively. Review support obligations, marital asset division, cohabitation changes, and ensure plans for your post-divorce finances.
- Maintain financial discipline. Continue to pay support, manage debt, document your efforts and changes.
- Communicate with your security office as required, and be sure your SF-86 or equivalent is updated accurately and fully.
- Manage personal conduct. Comply with all legal orders, avoid public disputes or behaviors that may raise questions about judgment.
- Keep documentation. Retain proof of payments, settlement documents, compliance with court orders, records of support, and correspondence with your security office or FSO.
Final Thoughts
In most cases, a divorce will not affect your cleared career. For clearance holders, the key is how you manage the transition. If you continue to demonstrate stability, integrity, and honesty, there is no reason your clearance should suffer as a result of a divorce.
This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied. Laws, regulations and government policies are always subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.
