Military Divorces: The Unique Factors Involved
Divorces in which one or both spouses are active or retired members of the United States military can come with unique circumstances that differ from traditional divorces. Military couples will need to determine the correct jurisdiction for their divorce and understand how military benefits and healthcare may be divided or considered.
Members of the U.S. military are those who are, or were, part of the United States:
- Air Force
- Army
- Coast Guard
- Marine Corps
- Navy
- Space Force
- National Guard
- Reserves
- National Oceanic and Atmospheric Administration
- Public Health Service
Arizona law requires any spouse filing for divorce in Arizona to have lived, have been domiciled, or have been stationed in the state for at least 90 days prior to filing.
According to the Uniformed Services Former Spouse Protection Act (USFSPA), individual states are permitted to treat military retirement benefits as marital property according to their own state law. If a court orders that a military member’s retired pay must be partially awarded to their spouse, the Department of Defense is able to enforce these orders.
The state of Arizona is a community property state, meaning marital property is divided equally or equitably between each spouse during a divorce. Therefore, military retirement pay and benefits are able to be divided and awarded during the divorce process.
The 10/10 Rule for Retirement Benefits in Military Divorce
The USFSPA additionally allows for the “10/10 Rule.” Pursuant to this rule, if a military member is married to their spouse for at least ten years and simultaneously performed at least ten years of military service, then the military member’s retirement pay will be automatically divided by the Defense Finance and Accounting Service, with each former spouse receiving their check directly for their court-ordered amount. The ordered amount may be a fixed percentage or fixed dollar amount.
If a marriage does not meet the requirements of the 10/10 rule, retirement benefits may still be divided by the court as community property. However, in this case, the DFAS will send retirement paychecks to the military member, who will be responsible for sending the correct amount to their former spouse themselves.
The 20/20/20 Rule for Healthcare in Military Divorce
Military members receive healthcare through Tricare, and their former spouses may be entitled to Tricare healthcare if they meet the “20/20/20 Rule”.
According to this rule, a divorced spouse will be entitled to Tricare if they were married to their spouse for at least twenty years and the military spouse had at least twenty years of overlapping military service that counted toward their retirement.
Tricare coverage for the non-military spouse ends if they remarry, purchase their own health insurance, become covered by employer health insurance, were the former spouse of a NATO or Partners for Peace nation member.
The 20/20/15 Rule for Healthcare in Military Divorce
While similar to the 20/20/20 Rule, the 20/20/15 Rule is applied when only fifteen years of marriage overlap with the military spouse’s twenty years of creditable military service.
In this case, coverage is determined by the date the marriage ended:
|
Before April 1st, 1985 |
Tricare coverage continues as long as the non-military spouse remains eligible. |
|
April 1st, 1985 to September 28th, 1988 |
Tricare coverage remains until December 31st, 1988, or two years from the date of the divorce decree, whichever is later. |
| September 29th, 1988 or later |
Tricare coverage remains for one year from the date of divorce. |
As in the 20/20/20 Rule, Tricare coverage for the non-military spouse ends if they remarry, purchase their own health insurance, become covered by employer health insurance, were the former spouse of a NATO or Partners for Peace nation member.
Additional Considerations
Other aspects of military divorce are handled in the same ways as traditional divorces. This includes matters of spousal maintenance (alimony) as well as matters regarding children, such as legal decision-making, parenting plans, parenting time, and visitation schedules. When it comes to children, the court will always rule in the best interests of the child, taking into consideration a military parent’s deployment schedule or how much they may be required to move around.
Rideout Law Group handles cases throughout the entire state of Arizona, with offices located in Scottsdale and Lake Havasu City. Our attorneys are experienced in handling divorce cases of all types. For a free consultation, call 480-584-3328.