Military Divorce Laws

Military families have unique experiences compared to other families, such as deployments, base housing and schools, and access to post exchanges and commissaries. As a result, separation and divorce also hold unique challenges for military families. While state law governs divorce proceedings, federal laws and military regulations can impact the divorce proceeding.

To learn more about these laws and how they may impact your situation, please get in touch with the experienced family law attorneys at Shannon Otto Law. We invite you to contact us online or call (804-554-4561) to schedule an appointment.

Division of Military Retired Pay

Military retired pay is administered by the Defense Finance and Accounting Service (DFAS). To the extent a service member was in the military during the marriage and earning credit towards military retired pay, some or all of the military retired pay will be considered marital property. DFAS has enacted specific regulations as to how military retired pay is required to be calculated for purposes of division in a divorce.

For spouses of service members, there are several potential pitfalls. For instance, if you are entitled to a percentage of your spouse's military retired pay and they receive disability pay for a service-related condition, their retired pay will be reduced by the same amount as their disability pay. This can also lead to a reduction in the former spouse's share of the retired pay, as disability pay cannot be divided by the court in a divorce.

Additionally, DFAS follows a 10/10 rule for direct payment to a former spouse of his/her share of the military retired pay. That is, at least 10 years of marriage overlapping at least 10 years of military service is required in order for DFAS to pay directly to the former spouse his/her share of the military retired pay. Unfortunately, many people, including lawyers, mistakenly believe this means that the former spouse is ineligible for any part of the military retired pay. That is not correct. The former spouse is simply ineligible for direct pay, and the service member will have to pay directly to the former spouse his/her share of the military retired pay.

Family Support

Service regulations mandate that members provide minimal support to family members in the event of separation. Typically, this entails adhering to the regulations until a court order for support is issued. However, the specifics of each situation - such as the service member's rank, housing allowance, and family size - can result in a notable disparity between the required support from the service and what a court may deem necessary.

Custody & Visitation

Virginia has enacted the Virginia Military Parents Equal Protection Act, Virginia Code § 20-124.7 through 20-124.10. It provides certain protections for deploying military parents and expedites hearings in certain cases. Also, the act requires the non-deploying parent to accommodate the deploying parent's leave schedule and to facilitate communication between the deployed parent and the child or children via telephone and email.

Contact Us

For more information about military divorce laws and to schedule a consultation with one of our family law attorneys, contact Shannon Otto Law online or by phone (804-554-4561).

Shannon Otto Law represents family law clients in the greater Richmond, Virginia metro area, and throughout Henrico County, Chesterfield County, Hanover County, Goochland County, Powhatan County, Colonial Heights, Amelia County, the City of Richmond, Louisa County, Prince George County, New Kent County, King and Queen County, King William County, Charles City County, and many other localities in Virginia.