How To Divorce A Military Spouse? Legal Guide To Military Divorce Laws

Military divorce combines federal military law with state divorce law. You can file in your state of residence, your spouse’s legal residence state, or where your spouse is stationed. Military pensions are divided under the Uniformed Services Former Spouses’ Protection Act—DFAS pays directly if married 10+ years during 10+ years of service (10/10 rule). Servicemembers Civil Relief Act protects active-duty members with 90-day stay rights, blocking default judgments.

Is Military Divorce Different from Civilian Divorce?

Yes. Military divorce operates under both federal military law and state divorce law, creating unique jurisdictional challenges and benefit-division rules that civilian divorces don’t face.

Federal laws override state law in specific areas. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs military pension division. The Servicemembers Civil Relief Act (SCRA) protects active-duty members from legal disadvantages. These federal protections exist alongside state property division, custody, and support laws.

Key differences from civilian divorce:

Multiple state jurisdiction options (residence, domicile, duty station)
Federal 10/10 rule determines direct pension payments from Defense Finance and Accounting Service (DFAS)
SCRA allows active-duty members to postpone proceedings 90+ days
“Frozen benefit rule” calculates pensions at divorce date, not retirement
20/20/20 rule determines lifetime military benefits for former spouses
Specialized residency requirements account for frequent military relocations

Why these differences matter: Civilian divorces follow straightforward state residency rules. Military divorces require strategic decisions about where to file based on pension division laws, benefit eligibility, and jurisdictional requirements. Filing in the wrong state can cost hundreds of thousands in pension payments and benefits.

Which State Court Has Jurisdiction Over Military Divorce?

Military couples can file for divorce in three possible locations, giving strategic options unavailable in civilian divorce.

Jurisdictional options under federal military law:

State where service member claims legal residence (domicile): This state retains power to divide military pension regardless of physical location
State where service member is currently stationed: Many states waive or reduce residency periods for stationed military
State where non-military spouse resides: Standard residency requirements apply

Only one spouse needs to meet state residency requirements. Most states require 3-12 months continuous residency before filing. Some states like Texas require six months state residency plus 90 days county residency.

Special military residency rules:

Service members maintain legal residence (domicile) in one state regardless of duty station changes. The Servicemembers Civil Relief Act ensures military members don’t lose domicile for taxation and voting when relocating under military orders. Courts extend this principle to divorce jurisdiction.

Non-military spouses can adopt service member’s legal residence under the Military Spouses Residency Relief Act of 2009, allowing them to claim residency without physical presence if accompanying a military spouse on duty assignment.

Stationed overseas? File in the United States. Foreign court orders cannot divide military pensions. US courts may not recognize foreign divorces, creating validity issues when returning to the States.

How to Divorce a Military Spouse? Your Complete Legal Guide to Military Divorce Laws

Jurisdictional Requirements for Pension Division

Critical limitation: Courts must have proper jurisdiction over the service member to divide military retirement benefits.

USFSPA jurisdictional requirements (pick one):

Service member is domiciled in the state (not merely stationed there)
Service member consents to jurisdiction
Service member is stationed in state due to military orders AND files for divorce there

Filing where a service member is “only stationed” without a domicile creates risk. Some courts may refuse to recognize such divorces as valid “faux residency” divorces. If military retirement is significant, file where a service member is domiciled or has consented to jurisdiction.

Strategic Considerations for Where to File

Different states treat military pensions differently. Some states use community property (50/50 split), others use equitable distribution (fair but not necessarily equal).

State-specific advantages:

Puerto Rico: Will not divide military pensions—advantageous for service members, detrimental for spouses
North Carolina: Requires one-year separation before no-fault divorce, giving spouses time to prepare
Virginia: Deployment can count as legal separation if one spouse intended permanent separation
Texas: Shorter separation periods available
California, Nevada: Community property states automatically split marital property 50/50

Consider where you vote, pay state taxes, hold a driver’s license, own property, attend church, or qualify for in-state tuition—these factors establish domicile.

How Is Military Pension Divided in Divorce?

Military pensions are retirement benefits paid by the Department of Defense after qualifying service. Unlike 401(k) accounts, military pensions are payment rights, not account balances.

The Uniformed Services Former Spouses’ Protection Act (enacted 1982, effective February 1, 1983) allows state courts to treat military retired pay as divisible property. USFSPA doesn’t require division—it permits states to divide pensions according to state property laws.

The 10/10 Rule: Direct Payments from DFAS

The 10/10 rule determines whether Defense Finance and Accounting Service (DFAS) pays former spouses directly.

Requirements for direct DFAS payments:

Marriage lasted at least 10 years
Service member performed at least 10 years of creditable military service
Marriage and service overlapped for at least 10 years

If 10/10 rule is NOT met: Court can still award pension portion, but service member pays former spouse directly. DFAS won’t process payments. Enforcement becomes state court responsibility through wage garnishment, contempt orders, or property liens.

Maximum direct payments: DFAS can pay up to 50% of disposable retired pay for property division alone, or up to 65% when property division combines with child support and alimony garnishments.

The Frozen Benefit Rule (2017-Present)

Major change from National Defense Authorization Act 2017 (Section 641) fundamentally altered military pension division.

Before 2017: Former spouses shared in service member’s actual retired pay at retirement, benefiting from post-divorce promotions and additional service years.

After 2017 (Frozen Benefit Rule): Division freezes at divorce date. Former spouse receives percentage of hypothetical retired pay calculated as if service member retired on divorce date.

Example: Captain divorces after 8 years marriage in 2018. Even if Captain becomes Colonel with 25 years service at retirement in 2030, former spouse’s share calculates based on Captain rank with 8 years service from 2018. Only cost-of-living adjustments apply between divorce and retirement.

Why this matters: Former spouses receive significantly less than under old system. Court orders using old “time rule” formulas won’t be honored by DFAS unless they comply with frozen benefit requirements.

Calculating Military Pension Division

Most common division method is the “marital share” formula:

Formula: (Years married during creditable service ÷ Total years of creditable service) × Percentage awarded × Retired pay

Example:

Married 15 years during service member’s 25-year career
Court awards 50% of marital share
Calculation: (15 ÷ 25) × 50% × Monthly retired pay = 30% of monthly pension to former spouse

For Reserve/Guard pensions: Calculate using retirement points instead of years. Example language: “Former spouse receives 50% of disposable military retired pay, calculated by multiplying 50% times a fraction—numerator is reserve retirement points earned during marriage, denominator is member’s total reserve retirement points.”

Critical drafting requirement: Over 90% of hypothetical pension division orders submitted to DFAS are rejected for ambiguous wording. Precise legal language is essential. Courts and attorneys unfamiliar with frozen benefit requirements often draft unenforceable orders.

Enforcement When DFAS Won’t Pay

If court order doesn’t meet 10/10 rule or uses non-compliant language, the former spouse must enforce through state courts.

State enforcement mechanisms:

Earnings withholding (wage garnishment)
Contempt proceedings (fines, arrears orders, potential jail)
Property seizure (bank accounts, personal assets)
State court orders holding retiree liable for unpaid portions

USFSPA “savings clause” (10 U.S.C. § 1408(e)(6)) allows state courts to hold service members liable for pension amounts DFAS won’t pay, providing a legal basis for enforcement even when federal direct payment isn’t available.

What About Survivor Benefits?

Survivor Benefit Plan (SBP) provides continued pension payments to beneficiaries after service member’s death—essentially life insurance for military pensions.

Without SBP: Military pension stops completely at service member’s death. Former spouse receives nothing.

With SBP: Designated beneficiary receives 55% of pension amount for life after service member’s death.

SBP and Divorce

Court orders can require service members to maintain SBP coverage for former spouses. This protects former spouse’s pension share if service member dies before or during retirement.

Cost: SBP premiums are 6.5% of pension base amount, deducted from retired pay. Courts often split premium costs between parties or assign to service member.

Former spouse SBP election: Within one year of divorce, former spouse can request service member elect former spouse SBP coverage. Defense Finance and Accounting Service processes these requests.

Deemed election: If court order requires SBP for former spouse but service member fails to elect coverage, former spouse can file deemed election with DFAS, forcing coverage despite service member’s inaction.

Losing SBP eligibility: Former spouse loses SBP if they remarry before age 55. If remarriage ends (death, divorce, annulment), eligibility restores.

What Does the Servicemembers Civil Relief Act Protect?

Servicemembers Civil Relief Act (SCRA), enacted 2003, protects active-duty military from legal disadvantages caused by service obligations. Successor to Soldiers’ and Sailors’ Civil Relief Act of 1940.

SCRA doesn’t change divorce substances (custody, support, property division remain state law issues). It affects timing and procedure.

Protection Against Default Judgments

Default judgments occur when one spouse doesn’t respond to divorce filings. Court enters judgment automatically favoring the filing spouse.

SCRA protection: Courts cannot enter default judgments against active-duty service members without following strict procedures:

Plaintiff must file affidavit stating whether defendant is in military service
Court must appoint attorney to represent absent service member
Court must determine service member actually received notice

If default judgment is entered improperly: Service member can petition court to set aside default judgment and reopen the case. This protection extends throughout active duty plus 60 days after discharge.

Verification: Defense Manpower Data Center operates official Servicemembers Civil Relief Web Site where anyone can verify active-duty status using full name and Social Security number or date of birth.

Right to Stay (Postpone) Proceedings

Active-duty service members can request court stay (postponement) of divorce proceedings if military service materially affects their ability to participate.

Automatic 90-day stay: Court must grant initial stay if service member:

Is absent due to military service, AND
Shows military service materially affects ability to appear, AND
Requests stay with specific date when appearance will be possible

Additional stays: Courts can grant additional 90-day extensions if military duties continue preventing participation. Stays typically last for duration of active duty plus 60 days after service concludes.

Not automatic: Service members or attorneys must affirmatively request stay. SCRA protections don’t apply unless invoked.

Voluntary participation: Service members can waive stay rights and participate remotely if they want divorce to proceed. Many deployed service members consent to remote participation via video conference or phone hearings.

Court discretion: Judges can deny stays if determining service member is abusing SCRA protections to indefinitely delay proceedings.

SCRA Protections Are Optional

Service members choose whether to invoke SCRA rights. Requesting stays is voluntary—members decide if delaying proceedings benefits their circumstances.

Deployed service members often waive stays to resolve family issues quickly rather than prolonging uncertainty. Attorneys can appear on behalf of service members with proper authorization.

Recent SCRA Amendments (2022)

Veterans Auto and Education Improvement Act of 2022 enhanced SCRA protections:

Spouse benefits: Contract termination protections now extend to dependents accompanying service members during relocation
Tax residency: Service members and spouses can elect domicile choosing between service member’s residence, spouse’s residence, or permanent duty station
Professional licenses: Active professional licenses now transfer to new jurisdictions upon providing military orders, proof of good standing, and evidence of active use within two years

What Happens to TRICARE After Divorce?

TRICARE, the military health insurance program managed by Defense Health Agency, provides comprehensive medical coverage for active-duty personnel, retirees, and dependents.

During divorce proceedings: Non-military spouse retains full TRICARE benefits until divorce is finalized. The ID card remains valid throughout separation.

After divorce: TRICARE eligibility depends on marriage length and service overlap.

The 20/20/20 Rule: Full Lifetime Benefits

Former spouses meeting all three criteria keep full TRICARE benefits for life (or until remarriage/age 65):

Requirements:

Married to service member for at least 20 years
Service member performed at least 20 years creditable service toward retirement eligibility
Marriage and service overlapped for at least 20 years

Benefits under 20/20/20:

Full TRICARE coverage (same options as retired family members)
Commissary and exchange (PX/BX) shopping privileges
Base access privileges
MWR (Morale, Welfare, Recreation) program benefits

Registration: Former spouse must register in Defense Enrollment Eligibility Reporting System (DEERS) under own name and Social Security number, not former spouse’s information.

Required documents:

Original marriage certificate
Divorce decree
Former spouse’s DD Form 214 (discharge papers) or Statement of Service

The 20/20/15 Rule: One-Year Temporary Coverage

If marriage doesn’t meet full 20/20/20 but meets these criteria, former spouse receives temporary TRICARE:

Requirements:

Married to service member for at least 20 years
Service member performed at least 20 years creditable service
Marriage and service overlapped for at least 15 years (but less than 20)

Benefits under 20/20/15:

Full TRICARE coverage for one year from divorce date
No commissary, exchange, or base privileges (TRICARE only)

Losing TRICARE Eligibility

Former spouses lose TRICARE benefits permanently if:

Remarry (even if remarriage later ends—unless new spouse is military)
Become covered by employer-sponsored health plan
Reach age 65 (transition to Medicare)

Former spouse remarriage before age 55 ends benefits unless remarriage terminates. If divorced former spouse remarries after age 55, TRICARE continues.

CHCBP: Transitional Coverage

Former spouses not meeting 20/20/20 or 20/20/15 can purchase Continued Health Care Benefit Program (CHCBP) coverage.

CHCBP features:

Coverage nearly identical to TRICARE Select
Available for 36 months after losing TRICARE eligibility
Covers pre-existing conditions including pregnancy
Quarterly premiums required (set by DoD)
Must apply within 60 days of divorce finalization

Cost: Not free—premiums comparable to private insurance. Provides bridge between military and civilian coverage to prevent gaps.

Application: Contact CHCBP Administrator or visit TRICARE website. Timely enrollment critical—missed deadlines eliminate options permanently.

Children’s TRICARE Eligibility

Biological and adopted children of service members retain full TRICARE benefits regardless of parents’ divorce:

Coverage continues until age 21
Extends to age 23 if enrolled full-time in college
Children file under service member’s Social Security number

Stepchildren not adopted by service member lose eligibility at divorce finalization.

Recent Legal Changes Affecting Military Divorce

Military divorce law continues evolving through congressional amendments and court rulings.

2017: Frozen Benefit Rule Implementation

National Defense Authorization Act for Fiscal Year 2017 (Section 641) introduced a frozen benefit rule, codified at 10 U.S.C. §1408(a)(4)(B).

This fundamental change means pension division now calculates using rank and service years at divorce date, not retirement. Former spouses no longer benefit from post-divorce promotions or additional service years. Only cost-of-living adjustments apply.

Courts initially struggled with proper order language. Defense Finance and Accounting Service rejection rates exceeded 90% for hypothetical division orders during the transition period. By 2024, most attorneys have adapted, but orders still require precise drafting.

2018: Frozen Benefit Clarification

National Defense Authorization Act 2018 (Section 624) clarified frozen benefit calculations and enforcement mechanisms, addressing confusion from 2017 implementation.

2022: SCRA Enhancements

Veterans Auto and Education Improvement Act of 2022 amended SCRA to expand protections:

Contract termination: Dependents accompanying service members can now terminate residential, professional, agricultural, and business leases when relocating under military orders (previously only service members could terminate).

Tax residency flexibility: Service members and spouses now choose domicile from three options: service member’s residence, spouse’s residence, or permanent duty station. Previously limited to home of record.

Professional license portability: Service members and spouses with active professional licenses (healthcare, legal, other professions) can transfer licenses to new jurisdictions without re-testing or additional fees by providing:

Copy of military orders showing relocation
Proof of good standing in previous jurisdiction
Evidence of active license use within past two years

This addresses major employment barrier for military spouses who previously lost professional credentials with each relocation.

2024: State-Level Military Divorce Reforms

Several states updated military divorce provisions:

Texas: Clarified that military personnel and spouses stationed in Texas count time completing military duties toward residency requirements even when physically outside state or county (Texas Family Code § 6.303).

Virginia: Courts increasingly recognize deployment as legal separation period if one spouse intended permanent separation at deployment commencement, shortening time to divorce finalization.

New Jersey: Reaffirmed 12-month continuous residency requirement but expanded recognition of military installations as legal residency for stationed service members.

Ongoing Issues: VA Disability Waiver

When retired service members elect VA disability compensation, retired pay reduces dollar-for-dollar. This “VA waiver” means the former spouse receives less pension payment than court ordered.

Current law: USFSPA prohibits states from treating VA disability as divisible property. Courts cannot order direct payment of VA disability amounts to former spouses.

Workaround solution: Courts use indemnification clauses requiring service members to compensate former spouses for pension reductions caused by VA disability election. State courts enforce these obligations under USFSPA savings clause.

This remains a contentious area with ongoing litigation about the extent to which states can offset VA disability reductions through other support mechanisms.

What Military Spouses Need to Know

Step-by-Step Process for Military Divorce

1. Determine jurisdiction (where to file):

Identify service member’s legal residence (domicile)
Determine where service member is currently stationed
Confirm non-military spouse’s residence
Research each state’s military pension division laws
Consider strategic advantages of different states
Verify residency requirements met (typically 3-12 months)

2. Gather military documentation:

Service member’s DD Form 214 (discharge papers) or current orders
Leave and Earnings Statement (LES) showing current pay and allowances
Retirement point statements (for Reserve/Guard)
Marriage certificate
Children’s birth certificates
Documentation of duty stations and deployment dates

3. Calculate potential pension division:

Determine years married during creditable service
Verify 10/10 rule eligibility for direct DFAS payments
Calculate marital share percentage
Consider frozen benefit rule implications
Project retirement value at various scenarios

4. File divorce petition:

Complete state divorce forms
File in court with proper jurisdiction
Pay filing fees (vary by state, typically $200-400)
Serve spouse according to state requirements
Comply with SCRA procedures if spouse is active-duty

5. Address SCRA protections (if applicable):

Verify active-duty status through DMDC website
Follow SCRA notification requirements
Anticipate potential 90-day stay requests
Coordinate with spouse’s attorney or command
Plan for remote participation options

6. Negotiate or litigate divorce terms:

Property division (including military pension)
Child custody and parenting time
Child support calculations (using military pay and allowances)
Spousal support/alimony
SBP coverage requirements
TRICARE eligibility preservation (if applicable)
Division of other military benefits (TSP, VA disability, housing)

7. Draft court order with precise pension language:

Use DFAS-compliant language for pension division
Include frozen benefit rule compliance
Specify 10/10 rule satisfaction (if applicable)
Address SBP coverage requirements
Include deemed election clauses for SBP protection
Have military divorce specialist review before submission

8. Submit order to DFAS:

Complete DD Form 2293 (Application for Former Spouse Payments)
Attach certified court order (certified within 90 days)
Submit to DFAS Cleveland (Army, Navy, Air Force, Marines) or Coast Guard Pay Center (Coast Guard)
Include service member identification information
Provide former spouse contact information
Await DFAS approval (typically 30-90 days)

9. Establish TRICARE eligibility (if applicable):

Register in DEERS under own name and SSN
Provide required documents (marriage certificate, divorce decree, DD Form 214)
Update ID card at military installation
Select TRICARE plan option
Apply for CHCBP if not eligible for ongoing TRICARE

10. Monitor and enforce:

Verify DFAS payments begin when service member retires
Enforce SBP coverage through deemed election if necessary
Address VA disability waiver issues if they arise
Modify custody/support orders as needed for deployments
Maintain records of all military-related documentation

Common Mistakes to Avoid

Filing in wrong state: Choosing state without proper jurisdiction over military pension can cost hundreds of thousands in retirement benefits. Always verify jurisdictional requirements before filing.

Using incorrect pension order language: Generic pension division language doesn’t comply with frozen benefit rule or DFAS requirements. Orders get rejected, leaving former spouse without direct payments. Use military divorce specialist to draft orders.

Forgetting SBP coverage: If service member dies before retirement without SBP, pension stops completely. Include SBP requirements in divorce decree with deemed election clauses.

Missing TRICARE registration deadlines: Former spouses must register in DEERS promptly after divorce. Delays can create coverage gaps. Apply for CHCBP within 60 days if losing eligibility.

Ignoring 10/10 rule implications: Marriages under 10 years during 10 years service require different enforcement mechanisms. Plan for state court enforcement rather than direct DFAS payments.

Not addressing VA disability waiver: Service members may elect VA disability after divorce, reducing pension payments. Include indemnification clauses protecting former spouse from future reductions.

Assuming deployment counts as legal separation: Only some states allow deployment to count toward separation requirements, and only if one spouse intended permanent separation. Verify state-specific rules.

Resources for Military Spouses

Military Legal Assistance Offices:

Free legal guidance from JAG officers on military installations
Can advise either service member OR spouse (not both—conflict of interest)
Cannot represent clients in family law court
Provide referrals to civilian attorneys
Help review separation agreements
Explain military benefits and procedures

Military OneSource:

24/7 assistance at 800-342-9647
Non-medical counseling services
Financial planning consultants
Legal resources and attorney referral
Deployment support
Website: MilitaryOneSource.mil

Defense Finance and Accounting Service (DFAS):

Processes military pension division payments
DD Form 2293 applications
Direct payments to former spouses meeting 10/10 rule
Phone: 800-321-1080 or 216-522-5301
Website: DFAS.mil

TRICARE:

Health benefit eligibility questions
DEERS registration
CHCBP applications
Phone: 800-538-9552 (DEERS Support Office)
Website: TRICARE.mil

State Bar Military Spouse Committees:

Many state bars maintain military family law sections
Provide attorney referrals specializing in military divorce
Offer reduced-fee or pro bono services
Military spouse attorney networks

Financial Planning During Military Divorce

Military divorces involve unique financial considerations requiring specialized planning.

Immediate costs:

Attorney fees ($3,000-$15,000+ for contested military divorce)
Court filing fees ($200-$400)
Process server fees ($50-$200)
Expert witness fees if pension valuation disputed ($1,000-$5,000)
Travel costs if filing in distant state
Temporary housing if moving from base

Long-term financial impacts:

Military pension division (can be worth $500,000-$2,000,000+ over lifetime)
Loss of TRICARE (value $5,000-$15,000+ annually if purchasing equivalent coverage)
Loss of commissary/exchange privileges (saves average 30% on groceries)
Housing allowance changes (BAH rates adjust for dependents)
TSP (Thrift Savings Plan) division similar to 401(k)
VA disability (not divisible but reduces pension payments)

Consider hiring:

Certified Divorce Financial Analyst (CDFA) specializing in military divorce
CPA familiar with military pay structure
Pension valuation expert for complex cases
Military divorce attorney (essential—don’t attempt without specialized counsel)

Frequently Asked Questions

How long do I have to be married to get part of my military spouse’s pension?

No minimum marriage length required for courts to divide military pensions. However, the 10/10 rule requires 10 years of marriage during 10 years creditable service for Defense Finance and Accounting Service to pay your share directly. Below 10/10, you can still get the pension portion through court order, but service members pay you directly instead of DFAS.

Can my military spouse delay our divorce indefinitely?

No. The Servicemembers Civil Relief Act allows active-duty members to request 90-day stays if military service materially affects participation ability. Courts can grant additional 90-day extensions but won’t allow indefinite delays. Service members can also waive stay rights and proceed. Courts have discretion to deny stays if determining abuse of SCRA protections.

What if my spouse gets promoted after our divorce?

The frozen benefit rule (2017-present) means your pension pay is calculated based on your spouse’s rank and years of service at divorce date, not retirement. You don’t benefit from post-divorce promotions or additional service years. Only cost-of-living adjustments apply between divorce and retirement. This differs from pre-2017 law where you shared in actual retired pay including post-divorce increases.

Will I lose TRICARE if I remarry?

Yes, immediately and permanently—even if your remarriage later ends through death or divorce. Exception: If you remarry after age 55 and met 20/20/20 or 20/20/15 eligibility, TRICARE continues. If you remarry before 55 but the new spouse is military, you may gain TRICARE through the new spouse. Otherwise, remarriage before 55 permanently ends your military health benefits.

Can I file for divorce where I currently live if my spouse is stationed elsewhere?

Yes, if you meet that state’s residency requirements (typically 3-12 months continuous residence). You don’t both need to live in the same state. However, verify that the state has proper jurisdiction to divide military pensions. Safest options are filing where a service member is domiciled, where service member is stationed, or where service member consents to jurisdiction.

What happens to my military benefits if I was married 19 years?

One year short of 20/20/20 means you lose TRICARE, commissary, exchange, and base privileges at divorce finalization (unless you meet 20/20/15 for one year of temporary TRICARE). However, if married 10+ years during 10+ years service, you still qualify for direct DFAS pension payments. Consider negotiating other assets to compensate for lost benefits—they have substantial lifetime value.

My spouse is threatening to retire right before our divorce. What can I do?

Act quickly. File for divorce immediately and request temporary restraining order preventing retirement until pension division is resolved. Under frozen benefit rule, if spouse retires before divorce is finalized, your share calculates based on that earlier retirement date. Courts can prevent retirements designed to reduce pension value, but you must move fast. Emergency injunctive relief available in most states.

Can my military spouse and I agree to divide the pension differently than state law requires?

Yes. USFSPA allows but doesn’t require pension division. You can negotiate any division percentage, including 0% or 100%. You can also trade pension rights for other assets (house, vehicles, savings). However, whatever you agree to must still comply with frozen benefit rule and DFAS payment limitations (50% max direct payment, 65% with support garnishments).

What if my military spouse hides deployment orders or transfers to avoid divorce proceedings?

Service of process on military members requires following SCRA procedures but doesn’t excuse notice. Military legal assistance offices can help locate service members through command structure. Courts can compel disclosure of military records. Intentionally evading service may result in contempt findings. SCRA protections require good-faith participation—abusing protections to delay proceedings allows courts to proceed despite absence.

Do I need a specialized military divorce attorney?

Strongly recommended. Military divorces involve federal laws (USFSPA, SCRA, SBP rules) that typical family law attorneys don’t regularly handle. Frozen benefit rule pension language is highly technical—DFAS rejects over 90% of improperly drafted orders. Strategic jurisdictional decisions require understanding different states’ military pension treatment. Military divorce specialists prevent costly errors that civilian divorce attorneys wouldn’t recognize until it’s too late.

Sources:

Department of Defense Military OneSource – militaryonesource.mil
Defense Finance and Accounting Service (DFAS) – dfas.mil
TRICARE – tricare.mil
Uniformed Services Former Spouses’ Protection Act, 10 U.S.C. § 1408
Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901-4043
National Defense Authorization Act for Fiscal Year 2017, Section 641
Veterans Auto and Education Improvement Act of 2022 (SCRA amendments)

About AllAboutLawyer.com: We provide clear, accurate legal information for Americans navigating complex legal matters. Our content combines expert legal analysis with practical guidance to help you understand your rights and options. Always consult licensed attorneys for specific legal advice regarding your situation.

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
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