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.
We are proud to share that our attorneys’ dedication and exceptional work for clients have been recognized by peers. This year, four attorneys from The Center for Family Law are honored in the 2026 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America . Ann Bauer - Best Lawyers list for family law, family law mediation, collaborative law--family law. In addition, Ann was named as "Lawyer of the Year" for her work in collaborative law. This is Ann's 12th consecutive year being recognized. Allison Gerli - Best Lawyers list for family law, family law mediation, collaborative law--family law. This is Allison's third consecutive year being recognized. Kristen Sparks - Best Lawyers "Ones to Watch" list for family law, family law--arbitration & mediation, and alternative dispute resolution. Hallie Van Duren - Best Lawyers list for family law, family law mediation, collaborative law--family law. This is Hallie's second year being recognized. About Best Lawyers Since 1983, Best Lawyers has been recognized as one of the most respected guides to legal excellence. Attorneys selected for The Best Lawyers in America are nominated and evaluated by their peers based on professional expertise and undergo a rigorous verification process to ensure they are in current practice and in good standing. About The Center for Family Law Founded in 2013, The Center for Family Law provides comprehensive representation in all areas of family law, with a culture built on partnership with our clients and other professionals. We believe the role of a lawyer is to partner with clients, help them understand their options, and give them the information and confidence they need to make well-informed decisions. To schedule a consultation, click here .
The Center for Family Law is proud to announce that Ann Bauer has once again been named the “Lawyer of the Year” in Collaborative Family Law in St. Louis by Best Lawyers for 2026. Each year, this designation is awarded to only one attorney in each practice area and region, based on outstanding peer feedback—making it a truly exceptional distinction. This marks Ann’s third year being recognized as "Lawyer of the Year" for her work in collaborative divorce, and her 12th year being recognized by Best Lawyers. For 2026, she is listed for her work in family law, family law mediation, and collaborative law. Ann is an active member of the St. Louis Collaborative Family Law Association and is deeply committed to the collaborative divorce process, valuing the positive and lasting impact it has on her clients and their families. About the Collaborative Divorce Process Collaborative divorce is a respectful legal process that enables couples to resolve all aspects of their divorce—such as property division, child custody, child support, and spousal support—without litigation. Using a team-based approach, which includes attorneys for each spouse, a financial neutral, and a mental health professional, couples work together through negotiation and mediation to reach agreements without the stress and conflict of court. Learn more on the St. Louis Collaborative Family Law Association website by clicking here . About Best Lawyers Since 1983, Best Lawyers has been recognized as one of the most respected guides to legal excellence. Attorneys selected for The Best Lawyers in America are nominated and evaluated by their peers based on professional expertise and undergo a rigorous verification process to ensure they are in current practice and in good standing. About The Center for Family Law Founded in 2013, The Center for Family Law provides comprehensive representation in all areas of family law, with a culture built on partnership with our clients and other professionals. We believe the role of a lawyer is to partner with clients, help them understand their options, and give them the information and confidence they need to make well-informed decisions. To schedule a consultation, click here .
The Center for Family Law is pleased to announce that Robert Boedeker has joined the firm as of July 2025 as an attorney of counsel. Robert is a 2011 graduate of St. Louis University School of Law. For the past ten years, he has worked at Legal Services of Eastern Missouri, Inc. in the Lasting Solutions Family Law Program, which he co-managed since 2017. At The Center for Family Law, Robert will continue to practice law on family matters and order of protection cases in St. Louis County, St. Louis City, St. Charles County and Jefferson County. Additionally, he is a certified family law Guardian ad Litem and Mediator, and is looking to resume those areas of practice. “Joining The Center for Family Law allows me to dedicate myself again to just representing clients,” said Robert. “At Legal Services, I was dividing my time between clients and my management duties. I am excited to get back to mediating and representing children’s best interests; at Legal Services, often mediation was inappropriate for clients because of the serious domestic violence they were escaping.” He continued, “I loved my time at Legal Services and the clients and colleagues I worked with. But I am now looking forward to focusing just on the courtroom and mediation work. The attorneys at The Center for Family Law have the same passion for serving clients and a wealth of experience that I am grateful to be able to bring to my cases.” “Working in family law is meaningful and can be life-changing for our clients,” said Robert, “and I am glad to join a firm with the right balance of prioritizing conflict-resolution and defending their clients’ interests when needed.” The Center for Family Law welcomes Robert to the team, knowing his experience and personality make him a good fit to continue the firm’s tradition of collaboration and finding solutions for people in need.