Divorce is rarely simple. But when one or both spouses are in the military, the process becomes even more complex. From residency requirements to military pensions and deployment challenges, a standard family lawyer may not have the experience needed to handle such cases. That’s why hiring a military divorce lawyer is essential for service members and their families.
In this guide, we’ll explain what makes military divorces unique, what a military divorce attorney does, and how hiring one can protect your financial and legal interests.
What Is a Military Divorce Lawyer?
A military divorce lawyer is a family law attorney who specializes in handling divorce cases involving military personnel. They understand how federal laws, military benefits, and state divorce laws intersect and impact:
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Divorce filings
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Property division
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Child custody
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Retirement and pension allocation
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Deployment-related delays
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Health care and survivor benefits
Whether you’re active duty, retired, a reservist, or a military spouse, working with an expert in military divorce law is critical.
1. Understanding the Unique Legal Framework
Military divorces involve federal protections and rules that don’t apply to civilian cases. These include:
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The Servicemembers Civil Relief Act (SCRA) – Protects active-duty members from being divorced without proper notice while deployed
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The Uniformed Services Former Spouses’ Protection Act (USFSPA) – Governs division of military retirement pay
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10/10 Rule – A key law for how DFAS pays a former spouse directly from military retirement pay
A specialized military divorce lawyer ensures all of these federal protections are understood and applied properly.
2. Navigating Jurisdiction and Filing Challenges
One major challenge in military divorces is jurisdiction—determining which state has the right to handle the divorce.
Most states require that:
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One spouse resides in the state for a set time
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The service member is stationed in the state, or
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The state is the spouse’s legal residence
Military lawyers help you decide where to file based on state laws and what’s most beneficial for your case, especially for property division and custody.
3. Division of Military Retirement and Benefits
Military pensions are often one of the largest assets in a divorce. A military divorce lawyer ensures:
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Correct application of the USFSPA
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Equitable division of retirement pay and Thrift Savings Plan (TSP)
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Consideration of Survivor Benefit Plan (SBP) options
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Compliance with the 10/10 Rule for DFAS direct payments
Missteps here can cost spouses tens or hundreds of thousands of dollars over time.
4. Child Custody and Support During Deployment
Child custody arrangements are more complex when one parent is subject to deployment, relocation, or PCS orders. A military divorce lawyer will help:
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Create parenting plans that account for deployment schedules
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Ensure custody isn’t used against the deployed parent
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Address virtual visitation rights
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Modify support based on Basic Allowance for Housing (BAH) and other entitlements
They also help calculate fair child support and alimony, considering military pay structures.
5. Handling Delays and Stays Under SCRA
The Servicemembers Civil Relief Act (SCRA) allows active-duty members to delay court proceedings if they interfere with military duties. A military divorce lawyer ensures:
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Proper filing of SCRA protections
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Avoidance of default judgments
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Negotiation of court stays until fair proceedings are possible
This is critical for service members deployed or stationed overseas.
6. Access to Tricare and Base Privileges for Spouses
A knowledgeable attorney can determine if the former spouse qualifies for:
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Tricare medical coverage (based on 20/20/20 or 20/20/15 rules)
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Commissary and exchange benefits
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ID card retention
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Post-divorce housing transition rights
Failing to meet the required years of marriage and service overlap can end these benefits—your lawyer will know exactly how to protect them when eligible.
7. Long-Term Financial & Legal Protection
Beyond immediate concerns, military divorce lawyers help ensure long-term protections through:
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Spousal support agreements
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Enforceable property settlements
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Health and education benefits for children
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Post-divorce retirement planning
They also help file necessary documentation with DFAS, state courts, and military branches—ensuring everything is legally sound and enforceable.
When Should You Hire a Military Divorce Lawyer?
✅ If you or your spouse is active duty, retired, or a reservist
✅ If you’re unsure about how military retirement is divided
✅ If custody arrangements involve deployment
✅ If you’re concerned about losing health or housing benefits
✅ If you need protection under SCRA during deployment
Frequently Asked Questions (FAQs)
Do both spouses need a military divorce lawyer?
No, but it is highly recommended that the military member and the civilian spouse have separate legal representation to avoid conflicts of interest.
Can a JAG attorney help with a divorce?
JAG (Judge Advocate General) attorneys can provide basic legal assistance, but they cannot represent you in civilian court. You’ll still need a civilian military divorce lawyer for the actual divorce process.
What is the 10/10 Rule in military divorce?
The 10/10 Rule allows DFAS to send retirement pay directly to the former spouse if the couple was married for at least 10 years and the service member served at least 10 years during the marriage.
Will I lose Tricare after a military divorce?
Only if you don’t meet the 20/20/20 or 20/20/15 rule criteria. A military divorce lawyer can help determine if you’re eligible to keep it or transition to temporary benefits.
How is child support calculated for military members?
Support is based on base pay, BAH, BAS, and other allowances. Each state may have different formulas, but your lawyer will factor in all relevant military compensation.
Top Military Divorce Lawyer Firms in the USA (2025)
Here are a few highly-rated firms specializing in military divorces:
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The Gagne Law Firm – https://militarydivorceattorney.net
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Cordell & Cordell (Military Division) – https://cordellcordell.com
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Susan M. Edmonson, Military Divorce Attorney – https://militarydivorce.com
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