Military Divorce: What You Need to Know
Kate Stapleton • September 10, 2020
Military divorces and separations are unique. These cases are different from civilian divorces in that they bring special, military-only benefits to the bargaining table—specifically, military retirement and health benefits. Strict rules apply to these benefits a spouse will maintain post-divorce. Whether you or your spouse are in the military, in active duty, in the reserves, or retired, it is very important that you work with an attorney with experience in military divorce.
Below are a few points that a service member (active duty, reserves, or retired) and his/her spouse should be sure to discuss with an attorney.
Division of a Military Pension
Service members who serve at least 20* active duty years (or have the equivalent in reserves points), or who are medically retired, will draw a pension, also referred to as an annuity. The portion of that pension that comes from DFAS (Defense Finance and Accounting Service) is divisible at divorce. The portion that comes from the VA (Veteran’s Affairs) is intended to make the service member whole, and is not divisible. *This is under the old, “legacy” system. The retirement system for military members has recently changed. Please see “Recent Law Changes”, below.
Below are a few points that a service member (active duty, reserves, or retired) and his/her spouse should be sure to discuss with an attorney.
Division of a Military Pension
Service members who serve at least 20* active duty years (or have the equivalent in reserves points), or who are medically retired, will draw a pension, also referred to as an annuity. The portion of that pension that comes from DFAS (Defense Finance and Accounting Service) is divisible at divorce. The portion that comes from the VA (Veteran’s Affairs) is intended to make the service member whole, and is not divisible. *This is under the old, “legacy” system. The retirement system for military members has recently changed. Please see “Recent Law Changes”, below.
TRICARE and Base Privileges (PX and Commissary)
- If during a 20-year+ marriage, the service member has at least 20 years’ active duty service or the equivalent in reserves points: (1) any portion of the service member’s pension that is allocated to the spouse at divorce may be directly deposited from DFAS and into the spouse’s account; (2) the spouse may keep TRICARE benefits for life so long as he/she does not remarry or obtain healthcare from an employer; and (3) the spouse maintains base privileges for life. If you have only been married for 10 years or 15 years, you may qualify for some of these benefits as well. Be sure to discuss with an attorney.
- If you are a military spouse not eligible for continued TRICARE, your TRICARE benefits will terminate at midnight the day before your final divorce judgment is entered. You should look into CHCBP (a military version of COBRA) before your TRICARE benefits expire. Some are eligible for CHCBP for a limited time, and some are eligible for life.
Do Not Leave Assets on the Table
- SBP (Survivor Benefit Plan) – talk with your lawyer about this. If the service member draws a pension, he or she may pay a relatively low monthly fee to allow the spouse to collect the service member’s pension if the service member predeceases the spouse.
- SGLI (Servicemembers' Group Life Insurance) – All service members are automatically enrolled in this low-cost life insurance plan upon entering military service. SGLI can be maintained into retirement, as well, and remains a low-cost option.
Servicemembers Civil Relief Act
You may be wondering about the Servicemembers Civil Relief Act (SCRA), which entitles a deployed service member to stay (delay) family law proceedings during deployment and during their R&R period following deployment. The stay is not automatic. Talk with your lawyer about the SCRA.
Recent Law Changes
2017 National Defense Authorization Act
- Under the old rule, qualifying, divorced spouses of military members were granted a percentage of the marital portion (the portion of the pension earned during the marriage) based on the service member’s rank and years of service at retirement.
- Under the current rule, qualifying spouses are granted their portion based on the service member’s rank and years of service at the time of divorce.
In 2018, the retirement benefit system for service members was completely revamped, and is now both more competitive with major civilian employers and much more beneficial to members who serve fewer than 20 years. This means that now, even service members with only a few years’ service will have a divisible pension at divorce. The new system applies to new military members and to those who joined after 2006 and opted in to this new plan during the 2018 opt-in period.
- The TSP (Thrift Savings Plan – this functions like a 401(k)) is still the primary retirement vehicle for service members, but is no longer elective. Everyone is automatically enrolled.
- The military automatically contributes 1% of the service member’s base pay to the TSP after 60 days of service, and matches up to 5% of service member contributions after two years of service. The TSP vests after two years.
- Military pension is now 2% of base pay times number of years of service (slightly down from 2.5% under the old system)
- Retired members may elect to take a portion of their pension in a lump sum.
An attorney experienced in military divorce will be able to discuss these issues with you, along with other details of your military life that make your case unique. We are proud to serve U.S. Military members and their families at the Center for Family Law.
The Center for Family Law celebrates Courtney Green's recognition at the 2026 Missouri Lawyers Media Women’s Justice Awards in the Mentor category, recognizing her outstanding contributions to the legal profession and her commitment to the development of attorneys starting their careers. The 28th annual Women’s Justice Awards on April 16, 2026 celebrated women across Missouri who exemplify leadership, integrity, service, and excellence in advancing the quality of justice. Honorees are selected from diverse sectors of the legal community, including private practice, the judiciary, public service, academia, and nonprofit leadership. The Mentor Award is presented to experienced legal professionals who have played a meaningful role in shaping the careers of emerging attorneys. Throughout Courtney's career, which she has spent with The Center for Family Law, she has demonstrated a deep dedication to mentorship, offering guidance, encouragement, and opportunities to those entering the profession, both in and out of the firm. Courtney has been devoted to fostering professional growth and helping cultivate the confidence and skills of future leaders in the law. Please join us in congratulating Courtney on this well-deserved recognition. We are honored to have her as part of our firm and grateful for the example she sets within our profession and community.
The Center for Family Law is excited to kick off its fifth year of hosting the Second Saturday Divorce Workshops and to share the 2026 workshop dates.
We are thrilled to announce that four of our attorneys have been recognized in the 2025 Super Lawyers® and Rising Stars lists! This distinction honors outstanding legal professionals across the nation who demonstrate excellence in their field, and we are proud to celebrate the exceptional achievements of our team. Celebrating Our Super Lawyer Ann Bauer has once again been recognized as a Super Lawyer in Missouri & Kansas, marking her 19th consecutive year on the list. Ann’s dedication, skill, and commitment to her clients have earned her additional prestigious honors: Top 50: Women Missouri & Kansas Super Lawyers – 11th year Top 50: St. Louis Super Lawyers – 7th year Ann’s recognition is a testament to her decades of experience and unwavering commitment to families and individuals navigating complex legal matters. Rising Stars of 2025 We are also proud to celebrate our three attorneys named Rising Stars this year: Allison Gerli – 8th year Kristen Sparks – 7th year Hallie Van Duren – 5th year The Rising Stars designation recognizes outstanding attorneys who are making a significant impact in their field earlier in their careers. What This Recognition Means The Super Lawyers and Rising Stars lists are highly selective, recognizing only a small percentage of attorneys in each state based on peer nominations, professional achievement, and other rigorous criteria. Being named to these lists reflects the consistent excellence, skill, and dedication our attorneys bring to every case. We are proud to have a team of legal professionals who combine experience, empathy, and expertise to serve our clients. Congratulations to Ann, Allison, Kristen, and Hallie for this well-deserved recognition!