Military life can make divorce more complicated than a typical family-law case. Deployments, frequent moves, military benefits, retirement pay, and child custody can all create extra issues for a military family.
If one spouse is an active-duty service member, the divorce still takes place under Arizona law when Arizona has the proper jurisdiction. However, federal military laws can affect how the case moves forward and how certain benefits are handled.
Understanding these rules can help military spouses prepare for the divorce process and avoid surprises.
Can a Military Member Get Divorced in Arizona?
Yes. A military service member can get divorced in Arizona.
Being in the military does not prevent someone from filing for divorce or responding to a divorce case. Arizona has its own requirements for filing a dissolution of marriage. The court must have proper jurisdiction before it can make decisions in the case.
Military service can make the process more complicated, especially when the service member is deployed or stationed outside Arizona.
For example, a service member may have difficulty attending hearings because of military duties. Federal law provides certain protections that may allow a qualifying service member to request additional time in a civil case.
How Does the Servicemembers Civil Relief Act Affect Divorce?
The Servicemembers Civil Relief Act (SCRA) is a federal law that provides certain legal protections to active-duty service members.
One important protection involves court proceedings.
Under federal law, the SCRA can apply to civil actions, including divorce and child custody proceedings, when the required conditions are met. A qualifying service member may request a stay, or temporary pause, in the case when military duties materially affect the person’s ability to appear.
If the legal requirements are met, the court must grant an initial stay of at least 90 days.
The service member generally must provide information explaining how current military duties affect their ability to appear. The request also requires a communication from the commanding officer stating that military duty prevents the service member from appearing and that military leave is not authorized at that time.
This does not mean every military divorce is automatically delayed.
The protection is designed to make sure military duties do not unfairly prevent a service member from taking part in a legal case.
Does Deployment Stop a Divorce?
Deployment does not automatically stop a divorce.
However, deployment may make it harder for a service member to participate in hearings, provide documents, meet deadlines, or communicate with an attorney.
The SCRA may provide a way to request a stay when the service member’s military duties materially affect their ability to participate.
A military spouse should not assume that deployment means the divorce cannot move forward. The court will look at the applicable law and the circumstances of the request.
Planning ahead can make the process much easier.
How Is Military Retirement Pay Divided in an Arizona Divorce?
Military retirement pay can be one of the most important financial issues in a military divorce.
Arizona is a community property state. Property acquired during a marriage may be subject to division under Arizona law. Military retired pay can raise additional federal-law questions.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retired pay as marital property or community property in certain circumstances. However, the law does not automatically give a former spouse a share of military retired pay. A court order must award the former spouse a portion of the retired pay.
This is an important point.
A spouse should not assume that being married to a service member automatically means they will receive military retirement benefits after divorce.
The divorce decree or other qualifying court order needs to clearly address the award.
What Is the 10/10 Rule?
Many military spouses hear about the 10/10 rule during divorce.
The rule generally applies to direct payments from the Defense Finance and Accounting Service (DFAS) for a former spouse’s share of military retired pay.
For direct payment under the USFSPA, the marriage generally must have lasted at least 10 years while the service member performed at least 10 years of creditable military service.
The 10/10 rule is often misunderstood.
It does not mean that a former spouse cannot receive a share of military retirement if the marriage lasted less than 10 years. Instead, it generally affects whether DFAS can make direct payments to the former spouse.
A valid state court order may still divide military retirement pay even when the 10/10 requirement is not met.
Can a Former Spouse Receive Military Retirement Directly?
Potentially, yes.
If the divorce order properly awards a former spouse a share of military retired pay and the federal requirements are met, DFAS may make direct payments to the former spouse.
The court order must contain enough information for DFAS to calculate the amount. DFAS explains that awards generally need to be stated as a fixed dollar amount, a percentage of disposable retired pay, or an acceptable formula when appropriate.
This is why the wording of the divorce decree matters.
A vague statement about dividing retirement benefits may create problems later when the former spouse tries to obtain payments.
What Happens to Military Disability Benefits?
Military disability benefits can create another complicated issue.
Arizona law specifically addresses military retirement benefits connected to service-related disability benefits. Under A.R.S. § 25-318.01, an Arizona court may not treat certain federal disability benefits as community property or compensate a former spouse for a service member’s waiver or reduction of military retired pay related to those disability benefits.
This can affect how the value of military retirement benefits is handled during divorce.
Because military retirement and disability benefits can overlap, it is important to look carefully at the type of benefit involved rather than treating all military payments the same way.
What Happens to Child Custody When a Parent Is in the Military?
Military service can create special challenges in a custody case.
A service member may be deployed for months at a time, transferred to another state, or stationed overseas. These circumstances can affect parenting schedules and communication with the child.
However, military service does not automatically make a parent less fit to have custody or parenting time.
Arizona courts make legal decision-making and parenting-time decisions based on the child’s best interests.
A parenting plan may need to account for military schedules. For example, parents may need to discuss:
- Deployment
- Temporary duty assignments
- Military transfers
- School schedules
- Transportation
- Holidays
- Video calls
- Phone contact
- Vacation time
- Make-up parenting time
A well-written parenting plan can reduce conflict when military duties change.
Federal law also specifically recognizes child custody proceedings within the scope of SCRA protections concerning stays of proceedings.
Can a Military Parent Lose Custody Because of Deployment?
Deployment alone does not automatically mean a military parent will lose custody.
Military service is a job and can require a parent to spend time away from home. Courts can consider the child’s needs while also recognizing the parent’s military obligations.
The more important question is how the parents can maintain a stable and meaningful relationship with the child.
Parents may create temporary arrangements for deployment periods while keeping the larger parenting plan in place.
For example, a parenting plan might provide additional parenting time before or after deployment or allow regular video communication while the parent is away.
The exact arrangement depends on the child’s needs and the family’s circumstances.
What About Military Housing and Benefits?
Military families may receive housing allowances, health benefits, and other forms of military compensation.
These benefits can become relevant when calculating income for support or evaluating the family’s financial situation.
The treatment of a particular benefit can depend on the type of payment and the legal issue being decided.
For example, military compensation may be relevant when calculating child support or spousal maintenance, while military retirement may be considered separately as a property issue.
A military divorce often requires a closer review of financial records than a typical divorce.
Can Child Support Be Taken From Military Pay?
Yes.
Military pay can be subject to enforcement for child support and other qualifying court-ordered obligations.
The USFSPA also provides a method for enforcing current child support and child support arrears in certain circumstances. DFAS explains that former spouses may use qualifying court orders and the applicable federal procedures to enforce these obligations.
This means military status does not remove a parent’s responsibility to support their children.
If payments are not made as ordered, additional enforcement measures may be available.
What Happens to Survivor Benefit Plan Coverage?
The Survivor Benefit Plan (SBP) can also become an important part of a military divorce.
SBP provides a possible benefit for a former spouse after the service member’s death when the appropriate coverage is elected.
If a divorce agreement or court order requires former-spouse SBP coverage, there are specific steps and deadlines that must be followed.
For example, DFAS states that a former spouse may need to submit a deemed election request within one year of the court order requiring former-spouse coverage.
This is an area where missing a deadline can create serious problems.
Military Divorce: Important Issues to Review
| Divorce Issue | Why It Matters |
| SCRA protections | May provide a qualifying service member additional time when military duties affect participation |
| Military retirement | May be divided as marital property when legal requirements are met |
| 10/10 rule | Can affect direct DFAS payments to a former spouse |
| Disability benefits | Certain military disability-related benefits receive special treatment |
| Child custody | Deployment and military transfers may affect parenting schedules |
| Child support | Military income can be considered and support orders can be enforced |
| Survivor Benefit Plan | Former-spouse coverage may require specific action and deadlines |
How Can Military Spouses Prepare for Divorce?
Preparation can make a military divorce much easier.
Start by gathering important financial and military records. These may include:
- Leave and Earnings Statements
- Military retirement statements
- Bank records
- Tax returns
- Housing allowance information
- Insurance records
- Retirement account statements
- Existing court orders
- Parenting plans
- Child support records
It is also important to keep copies of military orders that may affect the divorce, such as deployment or transfer orders.
If a service member expects to deploy during the divorce, the attorney should know as early as possible. This can help with scheduling and any request for protections under the SCRA.
Do Military Spouses Need a Special Divorce Lawyer?
A military divorce does not necessarily require a special type of court. However, military-related issues can make the case more complicated.
A lawyer handling a military divorce should understand both Arizona family law and the federal rules that may affect service members and military benefits.
A Phoenix Divorce Lawyer can help a military spouse understand issues involving property division, military retirement, custody, child support, and the SCRA.
The right approach depends on whether the service member is active duty, retired, deployed, stationed outside Arizona, or subject to another military status.
Conclusion
Military service can add several layers to an Arizona divorce. A service member or military spouse may need to deal with deployment, the SCRA, military retirement, disability-related benefits, child custody, child support, and Survivor Benefit Plan coverage.
The SCRA can provide important protections when military duties make it difficult for a service member to participate in court proceedings. Military retirement can also be divided in some divorces, but the process is not automatic and federal requirements must be considered.
Because military divorce cases can involve both Arizona family law and federal military rules, careful planning is important. A Phoenix Divorce Lawyer can help you understand how military service may affect your property, retirement benefits, parenting plan, support obligations, and other parts of your divorce.
You can also visit our Phoenix office to connect with the Modern Law Phoenix team ready to guide you every step of the way.
Frequently Asked Questions
1. Can an active-duty service member get divorced in Arizona?
Yes. Military service does not prevent a person from getting divorced. However, jurisdiction, service requirements, and federal military protections may affect how the case proceeds.
2. Can military service delay a divorce?
It can. Under the SCRA, a qualifying service member may request a stay when military duties materially affect their ability to participate in the case. When the statutory requirements are met, the court must grant an initial stay of at least 90 days.
3. Does a military spouse automatically get half of military retirement?
No. The USFSPA does not automatically give a former spouse a share of military retired pay. A state court must award the former spouse a portion of the retirement benefit.
4. Does the 10/10 rule determine whether a spouse gets military retirement?
No. The 10/10 rule mainly concerns direct payments from DFAS. A state court may still divide military retired pay even when the marriage does not meet the 10-year marriage and 10-year service requirement for direct DFAS payments.
5. Can deployment affect child custody?
Deployment can affect the parenting schedule, but it does not automatically mean a parent will lose custody. Parents can create a parenting plan that addresses deployment, communication, travel, and make-up parenting time.
6. Can military retirement be divided in an Arizona divorce?
Potentially. Arizona law and federal law can work together when military retirement is divided as part of a divorce. The final order should clearly explain the award and meet applicable federal requirements.
