Military Divorce: Residency, Pensions and Special Protections

Divorce with a service member follows the same state court process as any divorce, with added federal rules on service, pay and benefits.

Where to file

A divorce is usually filed in a state where one spouse lives or is legally domiciled and meets residency rules. Service members may have a home state different from where they are stationed, so choose carefully with legal advice.

Protections for service members

• Federal law can delay civil cases while a member is on active duty and unable to appear.
• Default judgments may be set aside if the member was not properly notified.
• Notice and proof of service rules are strict.

Pensions and benefits

• A federal law allows state courts to treat military retirement pay as marital property, with limits.
• The 20/20/20 rule can affect a former spouse's health and commissary benefits.
• Survivor Benefit Plan elections may need to be addressed in the settlement.
• Child support and alimony may be enforced through pay.

Practical steps

1. Collect pay records and benefit statements.
2. Understand custody plans during deployment.
3. Consider a lawyer experienced in military divorce.
4. Use base legal assistance where eligible for basic advice.

Where to file: domicile and residency

A service member may be stationed in one state, legally domiciled in another and have a spouse who lives in a third. Courts usually require that at least one spouse meet the state's residency requirement. Filing in the best forum can affect custody, support and property division, so couples often get advice before filing. Some states have special rules for service members stationed in the state.

Federal protections for service members

• The Servicemembers Civil Relief Act allows a court to delay a case if military duties prevent the member from appearing.
• A default judgment cannot be entered without proper procedures, including an affidavit about military status.
• The act also provides protections on leases, loans and other civil matters.
• These protections can be waived in writing, so read documents carefully.

Military retirement and other benefits

1. Military retirement pay can be treated as marital property, subject to federal limits on direct payments.
2. Direct payment from the government to a former spouse may require that the marriage overlapped with at least ten years of creditable service.
3. The 20/20/20 rule can continue health care and commissary access for some former spouses.
4. Survivor Benefit Plan coverage should be discussed in the settlement.
5. Thrift Savings Plan accounts may be divided by court order.

Custody during deployments

Parenting plans for military families often include provisions for deployments, temporary reassignments, communication by video, and what happens to visitation time when a parent returns. Some states have laws that prevent a deployment from being the sole basis for changing custody. See our guide to parenting plans.

Getting help

• Installation legal assistance offices can provide advice or referrals, though they may not represent you in court.
• Attorneys experienced in military divorce understand pay and benefit rules.
• Financial counselors can help plan for support and benefits changes.
• See our guides to how divorce works and separation agreements.

Terms to know

• SCRA: the Servicemembers Civil Relief Act.
• USFSPA: the federal law letting states treat military retirement pay as property.
• DFAS: the agency that pays military retirement and enforces certain orders.
• SBP: Survivor Benefit Plan.
• Domicile: a person's legal home state.
• TRICARE: military health care.

Checklist for a military divorce

1. Gather pay records, orders and benefit statements.
2. Decide where to file based on domicile and residence.
3. Check whether the 10/10 and 20/20/20 rules apply.
4. Plan for custody during deployment.
5. Address SBP and life insurance in the settlement.
6. Use legal assistance and a specialized attorney.

Frequently asked questions