Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: Sep 4, 2023, 4:00am
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A military divorce is similar in many ways to a divorce among civilians. You still have to go to divorce court and have your marriage legally dissolved. And you still need to make arrangements for how property is divided as well as for how you will share custody of any children.
But there are also some important differences, including special rules for where to file for divorce as well as on when you can qualify for a portion of a military pension if you are a non-serving divorced spouse.
This guide to military divorce explains all that you need to know.
You must file for divorce in the state where you or your spouse are residents. And you must meet certain residency requirements, such as living in the state for a certain period of time before filing.
However, things become more complicated for members of the military and their spouses who may have lived in multiple places. Courts may waive residency requirements if you have moved around due to military service. And you may have a choice of several states so may wish to consider which has the more favorable divorce laws.
There’s also an important rule to be aware of when deciding where to file for a military divorce. In order for the court to have jurisdiction over a military pension, the service member must either consent to the jurisdiction or one of the following must be true:
Remember, regardless of where you married, the laws of the state where you file for divorce govern the issues that arise in your divorce. So, be sure you understand whether community property or equitable distribution rules apply to property division, among other important laws.
You may sometimes be able to file for divorce while your spouse is on active duty. However, the Servicemembers Civil Relief Act protects a military spouse from being blindsided with legal proceedings they must respond to while serving.
Under this Act, an active-duty service member or one who is within 90 days of return from being deployed can request a stay that lasts for as long as 90 days when they are not able to respond to court proceedings due to the demands of their service. The service member’s commander must confirm that they do not have the ability to take leave to appear in court.
The court can also grant extensions to the stay for as long as the military service member is prevented from participating in divorce proceedings due to their obligations. A stay pauses court proceedings so the divorce cannot continue until it is lifted.
State laws govern property division in a military divorce, just as they do in other divorces. In community property states, the court divides marital property equally. This means each spouse gets 50% of shared assets and each spouse is held responsible for 50% of debt. In equitable distribution states, on the other hand, the court instead divides property fairly but not always equally.
While these rules don’t change in a military divorce, there are some special issues that can come up related to the unique benefits service members receive.
For example, the Defense Finance and Accounting Service (DFAS) provides direct payments of military retirement pay to eligible service members. Spouses can also become entitled to receive direct payments from a military pension through DFAS if they meet what is called the 10/10 Rule. The military spouse must complete 20 years of service and they must be married for at least 10 years that overlapped with 10 years of military service.
If a non-serving spouse does not qualify for a direct payment from DFAS, they can only receive their portion of a military retired pay (if any) by having the military spouse pay the non-serving spouse directly.
A non-serving spouse can also be entitled to a portion of funds in a Thrift Savings Plan during divorce, which is treated similarly to a civilian 401(k) plans.
Finally, other issues that may need to be addressed that are unique to military members include whether the non-serving spouse will continue to be a beneficiary of the Survivor Benefits Plan, whether the non-serving spouse will retain base privileges, and how the military spouse will allocate their education allowance (which can be transferred to spouses, former spouses and children.
No-cost healthcare services through TRICARE can remain available to a non-serving spouse who meets the 20/20/20 rule. This means that the service member served at least 20 years and the couple must have been married for at least 20 years that overlap with at least 20 years of military service. If this requirement is met, the non-serving spouse may be eligible for lifetime TRICARE coverage if they do not remarry. If they have been married for only 15 years of the 20 years of service, the non-serving spouse gets TRICARE for one year after divorce.
Non-serving spouses who don’t qualify under the 20/20/20 rule may be able to buy into the Continued Health Care Benefit Program to receive ongoing insurance coverage, with the length of eligibility for this program varying from 36 months after divorce to indefinite coverage depending on the circumstances. You have to enroll within 60 days of losing your benefits.
