Military divorce involves federal laws and specific rules that do not apply in civilian divorces. The division of military retirement pay, SBP elections, TRICARE continuation, and housing considerations during separation all have military-specific rules that a civilian divorce attorney may not know. This guide covers the key issues — always consult a licensed attorney for your specific situation.
This is general information only, not legal advice. Military divorce involves complex federal and state law interactions. Consult a licensed attorney in your state who has experience with military divorces before making any decisions.
The 10/10 Rule for Retirement Pay Division
Under the Uniformed Services Former Spouses Protection Act (USFSPA), state courts can divide military retirement pay as marital property in a divorce. The 10/10 rule affects payment logistics only — not eligibility. If the marriage overlapped with at least 10 years of creditable military service, the Defense Finance and Accounting Service (DFAS) can pay the former spouse's share directly. If the overlap is less than 10 years, the servicemember is still obligated to pay the court-ordered amount — it just must come from their personal account rather than directly from DFAS.
SBP in Divorce
Courts can order a servicemember to designate a former spouse as the SBP beneficiary. Once a "deemed election" order is in place, the servicemember cannot change the SBP beneficiary to a new spouse without the former spouse's death or written consent. Former spouses who believe they are entitled to SBP coverage must file a deemed election request with DFAS within one year of the divorce decree. Missing this deadline forfeits the SBP protection even if the court ordered it.
TRICARE After Divorce
Former spouses may retain TRICARE coverage under the "20/20/20" or "20/20/15" rules:
| Rule | Requirement | Coverage |
|---|---|---|
| 20/20/20 | Marriage of 20+ years, 20+ years service, 20+ year overlap | Full TRICARE for life (as long as not remarried) |
| 20/20/15 | Marriage of 20+ years, 20+ years service, 15-20 year overlap | TRICARE for one year post-divorce only |
| Neither rule | Does not meet above thresholds | May purchase Continued Health Care Benefit Program (CHCBP) for up to 36 months |
BAH During Separation
Active duty servicemembers going through divorce may be entitled to BAH at the with-dependents rate while legally separated, even if not living with the dependent. Conversely, a servicemember may be required by a support order to pay for off-base housing for a separated spouse. The BAH situation is complex and varies by circumstances — consult your installation's JAG office for your specific situation.
Free Legal Resources for Military Divorce
Free legal consultation on military divorce issues. They can explain USFSPA, SBP, and TRICARE rules for your situation. Cannot represent you in court.
FreeProvides referrals to civilian legal attorneys and can connect you with legal resources. militaryonesource.mil — available up to 365 days post-separation.
Freeamericanbar.org/groups/legal_services/flh-home/flh-military provides pro bono legal referrals specifically for military-related legal issues.
Know Your Benefits During and After Divorce
Understanding your full benefits picture matters even more during major life transitions.
View VA Benefits Checklist