Divorce Planning for Military Families
Military divorce involves unique laws and regulations that civilian attorneys may not fully understand. DivorceIQ helps military families navigate USFSPA pension division, deployment custody issues, BAH implications, TRICARE eligibility, and the intersection of federal and state law.
How DivorceIQ Helps
- ✓Understand how military pensions are divided under the Uniformed Services Former Spouses' Protection Act (USFSPA)
- ✓Learn how deployment and PCS orders affect custody arrangements and parenting plans
- ✓Know the 20/20/20 and 20/20/15 rules for continued TRICARE and commissary eligibility
- ✓Get clarity on how BAH and other military allowances factor into support calculations
- ✓Navigate the Servicemembers Civil Relief Act (SCRA) protections during active duty
Key Features
- ★Military pension division calculator guidance based on USFSPA rules and disposable retired pay
- ★Deployment custody planning templates that address temporary and long-term arrangements
- ★TRICARE eligibility checker based on years of marriage overlapping with military service
- ★State-by-state guide to how military income and allowances are treated in divorce
- ★Explanation of SCRA protections that can delay divorce proceedings during deployment
“My civilian lawyer did not understand USFSPA or how BAH works. DivorceIQ gave me the military-specific knowledge I needed so I could ask the right questions and make sure my pension and benefits were handled correctly.”
James R.
Retired Army NCO, divorced after 18 years
FAQs
Common questions for military families
Military pensions are divided under the Uniformed Services Former Spouses' Protection Act (USFSPA). State courts can treat disposable retired pay as marital property and divide it. The most common formula is the marital share method, which considers the years of marriage overlapping with military service. Direct payment from DFAS to the former spouse requires at least 10 years of overlap between the marriage and military service.
Most states have laws preventing permanent custody changes based solely on military deployment. A Family Care Plan is required and should address who cares for the children during deployment. Some states allow the service member to delegate their custody time to a family member. DivorceIQ helps you understand your state's specific rules and plan ahead.
It depends on the 20/20/20 rule: if the marriage lasted at least 20 years, the service member served at least 20 years, and there was at least 20 years of overlap, the former spouse keeps full TRICARE benefits. The 20/20/15 rule provides transitional benefits for one year. If these thresholds are not met, TRICARE eligibility ends upon divorce.