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Military Divorce: What You Need to Know

Kate Stapleton • Sep 10, 2020

Military divorces and separations are unique. These cases are different from civilian divorces in that they bring special, military-only benefits to the bargaining table—specifically, military retirement and health benefits. Strict rules apply to these benefits a spouse will maintain post-divorce. Whether you or your spouse are in the military, in active duty, in the reserves, or retired, it is very important that you work with an attorney with experience in military divorce.

Below are a few points that a service member (active duty, reserves, or retired) and his/her spouse should be sure to discuss with an attorney.

Division of a Military Pension 
Service members who serve at least 20* active duty years (or have the equivalent in reserves points), or who are medically retired, will draw a pension, also referred to as an annuity. The portion of that pension that comes from DFAS (Defense Finance and Accounting Service) is divisible at divorce. The portion that comes from the VA (Veteran’s Affairs) is intended to make the service member whole, and is not divisible.   *This is under the old, “legacy” system. The retirement system for military members has recently changed. Please see “Recent Law Changes”, below.

TRICARE and Base Privileges (PX and Commissary)
  • If during a 20-year+ marriage, the service member has at least 20 years’ active duty service or the equivalent in reserves points: (1) any portion of the service member’s pension that is allocated to the spouse at divorce may be directly deposited from DFAS and into the spouse’s account; (2) the spouse may keep TRICARE benefits for life so long as he/she does not remarry or obtain healthcare from an employer; and (3) the spouse maintains base privileges for life. If you have only been married for 10 years or 15 years, you may qualify for some of these benefits as well. Be sure to discuss with an attorney. 
  • If you are a military spouse not eligible for continued TRICARE, your TRICARE benefits will terminate at midnight the day before your final divorce judgment is entered. You should look into CHCBP (a military version of COBRA) before your TRICARE benefits expire. Some are eligible for CHCBP for a limited time, and some are eligible for life.

 Do Not Leave Assets on the Table
  • SBP (Survivor Benefit Plan) – talk with your lawyer about this. If the service member draws a pension, he or she may pay a relatively low monthly fee to allow the spouse to collect the service member’s pension if the service member predeceases the spouse.
  • SGLI (Servicemembers' Group Life Insurance) – All service members are automatically enrolled in this low-cost life insurance plan upon entering military service. SGLI can be maintained into retirement, as well, and remains a low-cost option.

Servicemembers Civil Relief Act
You may be wondering about the Servicemembers Civil Relief Act (SCRA), which entitles a deployed service member to stay (delay) family law proceedings during deployment and during their R&R period following deployment. The stay is not automatic. Talk with your lawyer about the SCRA.

Recent Law Changes
2017 National Defense Authorization Act
  • Under the old rule, qualifying, divorced spouses of military members were granted a percentage of the marital portion (the portion of the pension earned during the marriage) based on the service member’s rank and years of service at retirement. 
  • Under the current rule, qualifying spouses are granted their portion based on the service member’s rank and years of service at the time of divorce.
In 2018, the retirement benefit system for service members was completely revamped, and is now both more competitive with major civilian employers and much more beneficial to members who serve fewer than 20 years. This means that now, even service members with only a few years’ service will have a divisible pension at divorce. The new system applies to new military members and to those who joined after 2006 and opted in to this new plan during the 2018 opt-in period.
  • The TSP (Thrift Savings Plan – this functions like a 401(k)) is still the primary retirement vehicle for service members, but is no longer elective. Everyone is automatically enrolled.
  • The military automatically contributes 1% of the service member’s base pay to the TSP after 60 days of service, and matches up to 5% of service member contributions after two years of service. The TSP vests after two years.
  • Military pension is now 2% of base pay times number of years of service (slightly down from 2.5% under the old system)
  • Retired members may elect to take a portion of their pension in a lump sum.
An attorney experienced in military divorce will be able to discuss these issues with you, along with other details of your military life that make your case unique. We are proud to serve U.S. Military members and their families at the Center for Family Law.


02 Jan, 2024
Ready to start anew but feeling lost? Look no further than the Second Saturday Divorce Workshop, hosted by The Center for Family Law. This workshop will offer tools and resources for every step of the process, providing guidance on important topics such as child custody, support, and property division. Register for second Saturday 2024 now!
17 Nov, 2023
Once again, The Center for Family Law has been ranked as a 2024 "Best Law Firm" by U.S. News & World Reports in the area of family law in St. Louis.
By Allison Gerli 21 Aug, 2023
Navigating family law can be a complex and daunting process. That's why the recent Missouri Bar Family Law Conference brought together Missouri attorneys in the field to share insights and best practices. Attorneys at The Center for Family Law were among the presenters and in attendance at the 23rd annual conference held in Branson, Missouri. Their presentations focused on managing client expectations, initial consultation, drafting documents, case management, and grandparent visitation, third-party custody, and guardianships. Initial Consultation & Managing Client Expectations To ensure a positive attorney-client relationship, it is crucial to establish clear expectations from the very beginning. This was the focus of Allison Gerli's presentation at the conference. Allison co-presented with Andrea Pate, a family law attorney and partner at The Law Office of the Ozarks. It is crucial for attorneys to establish a solid foundation of trust and communication with their clients from day one, as this sets the tone for the entire legal process. Allison stressed the significance of active listening and open dialogue during these initial meetings, allowing clients to express their concerns and goals. Allison's presentation also highlighted the importance of transparency in managing client expectations. Attorneys should provide honest assessments of their clients' cases, outlining both the strengths and potential challenges they may face. By setting realistic expectations from the outset, attorneys can help clients navigate the legal process with confidence and a clear understanding of what lies ahead. The presentation then shifted to the importance of talking to clients about process options. Often practitioners focus on the substance and overlook the process. Clients have options on how to resolve their disputes and this should be presented and supported by practitioners. The Center for Family Law prides itself on process options and educating clients on their options, whether that by an uncontested "kitchen table" style divorce, collaborative divorce process, mediation, or a semi-litigated case resolved through cooperative attorneys sitting down to work through issues. Case Management Case management is critical to providing quality services to family law clients. Ann Bauer's presentation at the conference provided valuable insights and best practices in this area. Ann co-presented with Kristen Siegel, a family law attorney and partner at Siegal & Irwin, LLC based in Lee’s Summit, Missouri. Kristin covered the importance of carefully drafting court pleadings. In terms of case management, Ann highlighted the importance of document organization, keeping track of deadlines, and timely communication with clients. Attorneys must keep track of deadlines, court appearances, and client meetings to ensure cases progress smoothly. Clear and frequent communication with clients is crucial. Clients want to know what is going on, and not to be left wondering. It is important to provide updates, address concerns, and gather necessary information for the client’s case. Ann also discussed the significance of effective document management as a part of case management. Maintaining well-organized and easily accessible files can streamline the legal process and ensure important documents and information are readily available. F.amily law cases are often document-heavy. Keeping documents organized in a systematic way can enable the attorney to prepare for settlement and trial Grandparent Visitation, Third-Party Custody, and Guardianships Hallie Van Duren delivered a two-part presentation on the complex legal issues surrounding grandparent visitation rights, third-party custody, and guardianships. Hallie co-presented with attorney Kristen Sparks, partner at Garnholz Sparks. Typically, guardianship cases involve neglect, abuse, or the inability of the biological parents to provide a suitable environment for a child. A guardian who is appointed by the Court steps into the role of a parent in all respects. A third-party custody action can similarly result in a third-party custodian stepping completely into the role of a parent, but, unlike in guardianship cases, third-party custody can in some circumstances result in a shared custody arrangement between biological parents and non-parents. Grandparent visitation involves much more limited court-ordered contact between a grandparent and a child or children while preserving the parental right to custody. Hallie outlined the legal standards and procedures for a non-parent to seek custody or visitation of a child in each of these types of cases, emphasizing the paramount concern of establishing and preserving the child's best interests. By exploring statutes, caselaw, and examples, Hallie’s presentation analyzed which type of action would be most appropriate in different circumstances. Over the course of her two-hour presentation, Hallie examined the complex legal balance of preserving relationships between children and grandparents or other third parties while respecting parental rights. Hallie offered practical guidance for Missouri attorneys in advising clients who are either seeking to establish grandparent visitation rights, guardianship, or third-party-custody or defend against such actions.
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