Military divorce involves unique legal and logistical challenges. From retirement pay to deployments and federal protections, the process differs significantly from civilian divorces. This guide answers the most frequently asked questions in a clear, easy-to-understand format, helping service members and their spouses make informed decisions.
You can file in the state of the service member’s legal residence, where they are stationed, or where the non‑military spouse lives.
State courts, not military courts, handle divorce. Residency rules vary by state, but most allow filings based on the service member’s home of record, current duty station, or where the non-military spouse resides. Some states offer relaxed rules for military families to simplify filing. Learn more from Military OneSource.
The SCRA protects active-duty service members from court proceedings when duty prevents participation.
Under the SCRA, members can delay divorce proceedings if they are unable to attend due to military service. Courts may grant a stay of proceedings for the duration of duty and 60 days after, preventing default judgments.
Retirement pay can be divided if the marriage overlapped with military service, governed by federal law.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows states to treat disposable retired pay as marital property. The division depends on the overlap between marriage and service years. Since 2017, courts must use the “frozen benefit rule,” which calculates a spouse’s share based on rank and pay at the time of divorce—not future promotions.
VA disability compensation is not divisible in divorce, but it may affect spousal support.
Per Mansell v. Mansell, VA disability benefits are excluded from the retirement division. However, some states consider them when determining spousal support. This can create tension if retirement pay is waived for disability compensation.
Yes, if the marriage lasted 10 years while the member served 10+ years (“10/10 rule”).
The Defense Finance and Accounting Service (DFAS) will send payments directly to the ex-spouse if the marriage and service overlap for at least 10 years. Otherwise, the service member is responsible for making payments.
Yes, but it must be specifically ordered in the divorce and filed on time.
The SBP provides continued income after the service member’s death. If granted by the court, the former spouse must submit a “deemed election” to DFAS within one year of the divorce. Without timely filing, the benefit may be lost.
Custody plans must accommodate future deployments and frequent moves.
Courts encourage parenting plans that include communication during deployment, temporary custody transitions, and relocation procedures tied to PCS orders. These plans should prioritize the child’s stability and allow for long-distance visitation. For help creating a military-friendly parenting plan, visit Modern Family Law’s military divorce guide.
All military income, including allowances like BAH and BAS, is factored into support calculations.
Courts calculate support based on total income, not just taxable base pay. This includes housing allowances, bonuses, and other entitlements, which can significantly affect the amount owed. See examples from Stateside Legal.
Yes, if you meet the 20/20/20 rule: 20 years of marriage, 20 years of service, and 20 years of overlap.
Spouses who qualify under the TRICARE former spouse program retain full medical, commissary, and base privileges. If you don’t qualify, you may still receive temporary transitional coverage for up to one year.
Yes, military divorce involves complex benefits, federal laws, and long-term planning.
From DFAS paperwork and SBP elections to custody orders during deployment, the process is nuanced. A skilled family law attorney familiar with military regulations can help you avoid critical mistakes and secure a fair outcome. Contact Modern Family Law to speak with a lawyer who understands the military system.
| Fact | Details |
|---|---|
| Military Divorce Rate | 3.3% as of 2023 – highest among enlisted women Source: DoD |
| Most Common Divorce Period | Within the first 6 years of marriage and service Source: RAND |
| VA Disability Division | Not divisible in divorce under Mansell v. Mansell |
| 10/10 Rule | Needed for direct pension payments via DFAS – not required to receive a share |
| 20/20/20 Rule | Grants full access to TRICARE and base privileges post-divorce Source: TRICARE |
Military divorce isn’t just a legal matter; it’s a life shift shaped by service, sacrifice, and structure. From benefits and pensions to parenting across deployments, the decisions you make now can have lasting consequences.
At Modern Family Law, we understand the unique pressures military families face. Our experienced attorneys are here to guide you through each protecting your rights and helping you move forward with clarity and confidence.
Still have questions about military divorce? Let us help you get the answers and support you need.
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