Divorce is a challenging process for any couple, but it can be particularly complex when one or both spouses are members of the military. Military divorces involve unique legal and financial considerations, especially regarding spousal entitlements. If you are a military wife navigating a divorce in Denver, understanding your rights and the legal framework is crucial to securing your future. Below, we’ll explore the key aspects of military divorce, including financial entitlements, child custody considerations, and the division of military benefits.
Legal Framework for Military Divorces in Colorado
Military divorces in Colorado are governed by both state and federal law. While Colorado state law governs aspects such as child custody, spousal support, and the division of non-military marital property, federal law governs military benefits like pensions, healthcare, and retir
ement funds.
Key federal laws that may impact your divorce include:
- The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as marital property, making it divisible in a divorce.
- The Servicemembers Civil Relief Act (SCRA) provides active-duty servicemembers with certain legal protections during civil proceedings, including divorce.
To ensure your rights are protected, you must work with a knowledgeable Colorado Springs military divorce lawyer who is familiar with Colorado state law and the nuances of military regulations.
Entitlements for Military Wives in Divorce
Division of Military Retirement Pay
One of the most significant assets in a military divorce is the servicemember’s retirement pay. Under the USFSPA, military pensions can be divided as marital property. Colorado courts generally divide marital property equitably, which does not always mean equality. Factors such as the length of the marriage and contributions to the family are taken into account.
The “10/10 Rule” is an important consideration. To receive direct payments from the Defense Finance and Accounting Service (DFAS), the marriage must have lasted at least 10 years, overlapping with 10 years of military service. However, if the marriage does not meet this threshold, the spouse may still be entitled to a share of the retirement benefits, but the payments will come directly from the servicemember, not DFAS.
Healthcare Benefits
Military wives may retain access to healthcare benefits through TRICARE if they meet the “20/20/20 Rule,” which applies when:
- The marriage lasted at least 20 years.
- The service member served at least 20 years.
- There was at least a 20-year overlap between the marriage and military service.
If these criteria are unmet, a spouse may lose access to TRICARE but may qualify for transitional coverage through the Continued Health Care Benefit Program (CHCBP).
Child and Spousal Support
Colorado courts determine child support and spousal maintenance based on state guidelines. For military families, an additional layer of consideration involves the servicemember’s Basic Allowance for Housing (BAH) and other non-taxable income, which can increase the support amount.
Survivor Benefit Plan (SBP)
Military wives may be entitled to protections under the SBP, a program that provides income to a surviving spouse if a servicemember passes away. Addressing SBP coverage during divorce negotiations is essential to ensure financial security.
Housing Rights
If the couple resides in on-base housing, the non-military spouse typically has 30 days to vacate the premises after the servicemember files for divorce. Understanding these timelines and planning accordingly is essential.
Child Custody and Military Families
In Colorado, child custody decisions are guided by the child’s best interests. Factors such as deployments and frequent relocations can complicate custody arrangements for military families. Colorado courts may include provisions for virtual visitation or modified custody schedules to accommodate the unique challenges of military life.
It’s worth noting that Colorado law prohibits courts from considering a parent’s deployment status as the sole reason for modifying custody arrangements. This protection ensures that a servicemember’s parental rights are not unfairly affected by military duties.
Special Considerations in Military Divorce
Jurisdiction
Determining where to file for divorce can be more complex in military cases. Options may include:
- The state where the servicemember is stationed.
- The state where the spouse resides.
- The state where the servicemember claims legal residency.
Each state has its residency requirements and divorce laws, so it’s essential to choose a jurisdiction that aligns with your goals and legal rights.
Division of Debt
Debt division in a military divorce follows Colorado’s equitable distribution guidelines. However, commissary privileges or on-base services may impact financial planning post-divorce.
Why Legal Representation Matters
Military divorces require navigating a combination of state and federal laws, military-specific benefits, and complex jurisdictional issues. It’s easy to overlook critical entitlements without proper legal representation or make costly negotiation mistakes. Working with an experienced divorce lawyer protects your rights and helps you secure a fair settlement.
Contact a Colorado Springs Divorce Lawyer
If you’re a military wife facing divorce in Denver, Baker Law Group is here to provide the guidance and representation you need. Our team understands the complexities of military divorces and is committed to protecting your rights. From dividing military benefits to advocating for fair custody arrangements, we’re here to help you every step of the way.
Contact Baker Law Group today to schedule a consultation with a Colorado Springs divorce lawyer. Let us help you navigate this challenging time with confidence and clarity.
