Military Divorce Attorney

Military divorce isn't civilian divorce.

The Uniformed Services Former Spouses' Protection Act (USFSPA) governs how military pensions divide. The 10/10 rule controls direct DFAS payment. BAH, BAS, and the SBP affect support calculations. Custody during deployment runs on its own playbook. Your civilian attorney may not know any of this — and that costs you. A military divorce attorney who specializes in this area can save you years of disputes and tens of thousands of dollars.

Key rules every spouse should know.

USFSPA (10 U.S.C. § 1408). Authorizes state courts to treat military retired pay as marital property. Doesn't require it — varies by state.
10/10 rule. 10 years of marriage overlapping 10 years of service = direct DFAS payment to the former spouse. Otherwise the servicemember pays directly.
20/20/20 rule. 20 years of marriage, 20 years of service, 20 years of overlap = full TRICARE, commissary, and exchange benefits for life (unless remarried).
20/20/15 rule. 15-year overlap = limited transitional TRICARE for one year.
SBP (Survivor Benefit Plan). Election affects future pension to the former spouse if servicemember dies; must be addressed in the decree.
BAH/BAS in support. Counted as income in most states for child support and alimony calculations.

What to look for in an attorney.

Board-certified family-law specialist where applicable in your state.
Direct experience with USFSPA, the 10/10 and 20/20/20 rules, and SBP elections.
Familiarity with the Servicemembers Civil Relief Act in family-court proceedings.
Practice area covering your duty station / home of record state — military divorce is jurisdictionally tricky.
Comfort with deployment-aware custody schedules.
Track record of representing the spouse who served (most military divorce attorneys lean toward representing the civilian spouse).

Common pitfalls.

Filing in the wrong jurisdiction — military families often have multiple plausible states.
Not addressing SBP in the decree, then losing the election window.
Letting BAH disappear from support calculations because the civilian attorney didn't know to look.
Custody orders that don't survive a deployment.
Pension division language so vague DFAS rejects the order.
Not invoking SCRA stays when active duty obligations conflict with court dates.

How HER NEXT MISSION helps.

We don't practice law. We do maintain a vetted list of women-friendly military divorce attorneys across the U.S. and a short prep packet (financial worksheet, custody schedule template, deployment-protection memo) that we share when you reach out. You bring the situation. We bring the introduction.

Frequently asked

Common questions.

What's the 10/10 rule?

If your marriage and your service overlap by at least 10 years, DFAS will pay the former spouse's share of military retired pay directly. Without 10/10, the servicemember pays the former spouse directly out of their pension. The pension is still divisible — only the payment mechanism changes.

What's the 20/20/20 rule?

20 years of marriage, 20 years of creditable service, and 20 years of overlap. Qualifies the former spouse for full TRICARE, commissary, and exchange privileges for life (unless they remarry). 20/20/15 — same first two with 15-year overlap — gives limited transitional TRICARE for one year only.

How is BAH treated in divorce?

Most states count it as income for child support and alimony. The exact treatment varies. The mistake is leaving it out — military pay is more than base pay.

What about deployment custody?

Federal and state laws (including the Uniform Deployed Parents Custody and Visitation Act, adopted by most states) protect a deployed parent's custody rights. Decrees should explicitly address temporary custody, communication during deployment, and reinstatement of regular custody upon return.

Can I get the SBP (Survivor Benefit Plan)?

Yes — but only if the divorce decree elects it for the former spouse, and the election is filed with DFAS within one year of the divorce. Missing this window is one of the most common and most expensive mistakes in military divorce.

Should I file in my home of record state or current duty station?

Depends. Some states are more favorable on pension division, alimony, and custody. A military divorce attorney can advise on jurisdiction strategy — sometimes a small relocation before filing is worth it.

Does HER NEXT MISSION provide legal advice?

No. We provide referrals to vetted attorneys and a prep packet. We are not your lawyer.