Divorce is rarely simple, but when one or both spouses are in the military, it brings extra layers of complexity. Issues like where to file for divorce, how to divide military benefits, and how deployment affects child custody all need to be handled with extra care. At Cohen Family Law, we understand the unique pressures military families face. Whether you’re an active service member or the spouse of one, we’ll work with you to find a solution that protects your rights and your future.
Jurisdiction in Military Divorce
One of the first questions that comes up in a military divorce is where to file. Military families often move from state to state—or even overseas—so figuring out the right jurisdiction isn’t always straightforward.
In Arizona, you can usually file for divorce if either spouse has been a resident of the state for at least 90 days. However, service members have a little more flexibility. A divorce can typically be filed in:
- The state where the service member is stationed
- The state where the service member legally resides
- The state where the non-military spouse lives
If a service member is stationed elsewhere but considers Arizona their permanent home, they can still file for divorce here. Service members often elect a “home state” for legal purposes, which may differ from where they are currently assigned.
Choosing the right place to file matters. Different states have different rules for dividing property, determining custody, and awarding support. We’ll help you sort through the options so you can make the best decision for your circumstances.
Service Member Protections During Divorce
Military service can make it difficult to participate in divorce proceedings. That’s why service members have certain legal protections under the Servicemembers Civil Relief Act (SCRA).
The SCRA allows active-duty service members to request a temporary pause, or “stay,” of court proceedings if their duties prevent them from appearing or responding. This means a divorce or custody case won’t move forward without giving the service member a fair opportunity to be heard.
These protections help prevent unfair outcomes caused by a service member’s absence. At Cohen Family Law, we know how to handle these delays while keeping your case moving forward responsibly. Whether you are the service member or the spouse, we’ll make sure your voice is heard at the right time.
Dividing Military Benefits and Retirement Pay
In Arizona, military pensions are considered marital property. That means they can be divided during a divorce just like a civilian retirement plan.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) gives states the authority to divide military retirement benefits between spouses. If the marriage lasted at least 10 years during at least 10 years of active military service (known as the “10/10 rule”), direct payment from the Defense Finance and Accounting Service (DFAS) may be available.
Other benefits include:
- Healthcare privileges (like TRICARE)
- Commissary and exchange access
- Survivor Benefit Plan (SBP) coverage
may also be part of the divorce settlement, depending on the length of the marriage and the terms negotiated. In long-term marriages, the 20/20/20 rule may apply. If you were married for at least 20 years while the service member served at least 20 years, the former spouse may be entitled to continued health care, commissary access, and other privileges without interruption.
We’ll work with you to ensure that any benefits earned during the marriage are divided fairly and that future financial security is considered in your divorce agreement.
Impact of Deployment on Custody and Support
Deployment can make custody arrangements more complicated, but Arizona law has safeguards in place to protect military parents. The law prohibits courts from making permanent custody changes based solely on a parent’s military service. Instead, temporary orders can be put in place during deployment to ensure children have stable care without permanently affecting parenting rights.
Some key points to know:
- Parents can create Family Care Plans outlining custody and care during deployment.
- Parenting time can be temporarily reassigned to another trusted adult if necessary.
- Courts must review and adjust child support based on actual income changes caused by deployment or return to civilian life.
We’ll help you create a custody plan that accounts for deployments and ensures your relationship with your child remains strong no matter where your service takes you.
Helping You Through the Process
Military divorce presents unique challenges, but you don’t have to face them alone. At Cohen Family Law, we’re proud to support service members, veterans, and their families through life’s major transitions. We’ll work with you to address jurisdiction issues, protect your benefits, and prioritize your family’s future. Contact us today to schedule a consultation and find out how we can help you move forward.
