Military marriages face unique pressures that civilian couples rarely experience. Deployments separate families for months at a time. Frequent relocations disrupt careers and uproot children from schools and friends. The stress of military service itself weighs heavily on relationships. When these marriages end, the divorce process brings its own set of complications that go beyond typical divorce cases.
If you're an active duty military member or military spouse facing divorce in Utah, understanding how federal law and Utah law interact becomes crucial. The Uniformed Services Former Spouses Protection Act (USFSPA) and the Servicemembers Civil Relief Act affect everything from timing to benefit division. Let's break down what makes military divorce different and what you need to know.
What Makes Military Divorces Different
Military divorces in Utah follow the same basic court procedures as civilian divorces. You file a petition, serve papers, disclose finances, and eventually get a final decree. But military service adds layers of complexity that don't exist in regular divorce cases.
Federal law provides special protections for active service members through the Servicemembers Civil Relief Act. This law prevents service members from being divorced without their knowledge while they're deployed or otherwise unable to participate in court proceedings.
Military retirement benefits work differently from civilian pensions. The federal government, not just state courts, has rules about how these benefits get divided. The 10/10 rule affects direct payment options, though it doesn't determine what you're actually entitled to receive.
Military service creates jurisdictional challenges. Service members might be stationed far from where their spouse lives. Determining which state has the right to handle your divorce can get complicated when military orders keep moving you around.
Differences in Military Divorce Cases
- Federal laws like SCRA and USFSPA affect timing and benefit division
- Special rules apply to dividing military retirement pay
- Deployment and military duties can delay court proceedings
- Jurisdiction becomes complex when spouses live in different states due to military orders
- Former spouse benefits, including healthcar,e have specific eligibility requirements
Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) protects active duty military members from legal actions they can't defend themselves against because of their military duties. This federal law applies to all service branches and affects how divorce proceedings work.
SCRA prevents service members from being held in default for failing to respond to divorce papers on time. If you're deployed or your military duties prevent you from participating in court, you can't be divorced without your knowledge. The court must confirm you received proper notice and can participate.
Courts have the power to postpone divorce proceedings for the entire time an active service member is on duty, plus up to 60 days after their duty ends. This protection ensures service members have meaningful time to review their options and participate in their own divorce case.
However, service members can waive these rights. If both spouses agree on the divorce terms and the service member signs the appropriate documents, the divorce can proceed normally even during deployment. This often happens in uncontested divorces where both parties want to move forward quickly.
Filing and Jurisdiction in Utah
To file for divorce in Utah when military service is involved, specific residency requirements must be met. Either you or your spouse must have lived in a single Utah county for at least three months immediately before filing. This applies even if one spouse is stationed elsewhere.
Military members stationed in Utah can file for divorce here even if Utah isn't their home state. The key is that either the service member or their spouse has been physically present in Utah for the required time period.
Utah courts keep jurisdiction over your divorce case even if military orders move you to another state after filing. Once the case starts in Utah, it typically stays there through completion unless both parties agree to transfer it elsewhere.
Service of divorce papers on active duty military members requires special attention. The service member must be personally served with a summons and a copy of the divorce petition. This can be challenging when someone is deployed overseas or on a ship.
Military Retirement Benefits and the USFSPA
The Uniformed Services Former Spouses Protection Act (USFSPA) is the federal law that governs how military retirement pay is treated in divorce. Understanding this law helps you know what to expect regarding retirement benefits.
USFSPA allows state courts to treat military retired pay as property that can be divided in a divorce. Without this federal law, state courts wouldn't have authority over federal military benefits. The law gives states permission to include military retirement in property division.
Many people misunderstand the "10/10 rule." This rule doesn't create an automatic right to retirement benefits. Instead, it determines when the Defense Finance and Accounting Service (DFAS) will make direct payments to a former spouse.
If your marriage lasted at least 10 years and overlapped with at least 10 years of military service, DFAS can pay the former spouse's share directly. For marriages shorter than 10 years, the former spouse can still receive a portion of retirement benefits, but payments must come directly from the service member rather than through DFAS.
Utah courts typically divide military retirement using the same approach as other retirement accounts. They calculate what portion was earned during the marriage and divide that marital portion equitably between spouses.
The 20/20/20 and 20/20/15 Rules
Former military spouses can retain certain military benefits after divorce if they meet specific requirements. These rules are separate from the retirement pay division and affect healthcare and base privileges.
20/20/20 Rule
The 20/20/20 rule provides full military benefits to former spouses who meet three requirements. The service member must have completed at least 20 years of military service creditable for retired pay. The marriage must have lasted at least 20 years. And the marriage and military service must have overlapped for at least 20 years.
Former spouses who meet the 20/20/20 rule keep full medical benefits through TRICARE, can use base commissaries and exchanges, and maintain other military privileges. These benefits continue until the former spouse remarries.
20/20/15 Rule
The 20/20/15 rule provides more limited benefits. It requires 20 years of military service and 20 years of marriage, but only 15 years of overlap between marriage and service. Former spouses meeting this standard receive one year of transitional TRICARE coverage unless they remarry sooner.
Children from military marriages typically keep their benefits regardless of their parents' divorce. They maintain healthcare coverage and base privileges until they reach age limits or get married themselves.
Benefit Rule | Service Years | Marriage Years | Overlap Years | Benefits Provided |
20/20/20 | 20+ | 20+ | 20+ | Full TRICARE, base access, all military spouse benefits until remarriage |
20/20/15 | 20+ | 20+ | 15+ | One year transitional TRICARE coverage |
Less than 20/20/15 | Varies | Varies | Less than 15 | No automatic former spouse benefits |
Child Support and Custody Issues
Child support in military divorce cases follows Utah's standard guidelines, but military pay structures require special consideration. Courts calculate support based on both parents' incomes, number of children, and custody arrangements.
- Military pay includes more than just base salary. Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) count as income for child support calculations. Special pay received during deployment may also factor into support amounts.
- Federal law caps how much of a service member's pay can be garnished for child support. The maximum is generally 60% of pay and allowances, though this can increase slightly in certain circumstances. This protection ensures service members retain enough income to meet their own basic needs.
- Custody arrangements in military families must account for deployment and relocation possibilities. Utah courts can't hold military service against a parent when determining custody, but practical realities matter. Someone deployed overseas obviously can't provide day-to-day care during deployment.
- Smart military families create family care plans that address what happens during deployments. These plans might temporarily transfer primary custody to the non-military parent during deployment periods, then return to the regular schedule when the service member returns.
Utah law allows deployed parents to delegate their parent-time to family members. If a parent deploys, their visitation time can be exercised by grandparents or other close relatives rather than being completely lost.
Spousal Support in Military Divorces
Alimony in military divorce cases works similarly to civilian divorces, with Utah courts considering factors like marriage length, income disparity, and each spouse's ability to earn money. Military service creates some unique considerations, though.
Courts look at military pa,y including allowanc,es when calculating a service member's ability to pay spousal support. However, federal law limits total garnishment for alimony and child support combined. The same 60% cap that applies to child support also covers spousal support.
Former spouses seeking alimony need to understand that military benefits like BAH and BAS only continue while the service member is actually serving. Once someone retires or separates from service, these allowances end. Alimony calculations should account for this future change in income.
Military retirement pay itself can be considered when determining alimony. If a former spouse receives a portion of retirement pay as property division, courts might reduce or eliminate separate alimony payments since the former spouse already has income from the retirement.
The Divorce Process for Military Families
Military divorces in Utah follow the standard divorce timeline with potential delays built in for military circumstances. Understanding the basic process helps you plan appropriately.
Everything starts with filing a divorce petition in the appropriate Utah district court. The petition spells out what you're asking for regarding property division, support, and if applicable, custody arrangements.
Service of papers comes next. If the service member is stationed elsewhere or deployed, proper service becomes more important and potentially more difficult. You must follow both Utah rules and SCRA requirements.
Temporary orders address immediate needs while the divorce is pending. These orders can establish temporary custody schedules, support payments, and who stays in the family home. For military families, temporary orders might include provisions for what happens during deployment.
Financial disclosure requires both parties to share complete information about income, assets, and debts. Military members need to provide Leave and Earnings Statements (LES), information about retirement accounts, and details about any special pay or allowances.
Settlement negotiations or mediation give couples a chance to resolve disputes without trial. Many military couples prefer mediation because it allows them to create solutions tailored to their unique military situation rather than leaving everything to a judge.
If a settlement isn't possible, the case goes to trial, where a judge decides unresolved issues. The final divorce decree becomes a court order that both parties must follow.
Working with a Divorce Attorney
Military divorce cases involve complex interactions between federal and state law. Having an experienced family law attorney who understands military divorce makes a significant difference in protecting your rights and achieving fair outcomes.
A divorce attorney familiar with military cases knows how USFSPA and SCRA affect your situation. They understand the 10/10 rule, the 20/20/20 rule, and how to draft retirement division orders that DFAS will actually honor.
These divorce lawyers can help negotiate settlements that account for military realities. They understand that deployments happen, that relocations are inevitable, and that military pay structures differ from civilian jobs.
For service members stationed far from Utah, having local legal representation becomes especially valuable. Your attorney can appear at hearings on your behalf in some situations, keeping the case moving forward even when you can't be physically present.
Family law attorneys experienced with military divorce can also coordinate with military legal assistance offices. While JAG attorneys can't represent you in divorce court, they can provide helpful information that complements your civilian attorney's work.
Moving Forward After Military Divorce
Once your divorce is finalized, both parties face the task of implementing the decree's terms and moving forward with their lives. Military divorces create some unique post-divorce considerations.
If a retirement pay division was ordered, someone needs to submit the proper paperwork to DFAS. This includes a certified copy of the court order and an application for former spouse payments. Getting this done promptly ensures payments start on time.
Service members should review and update all their military records and benefits. Change SGLI beneficiaries, update your Record of Emergency Data, and ensure housing allowances reflect your new status.
Former spouses need to register for any benefits they're entitled to receive. If you qualify under the 20/20/20 rule, you must register for TRICARE under your own name and Social Security number.
Both parties should understand that future modifications might be necessary. If the service member's income changes significantly due to promotions or retirement, support obligations might need adjustment.
Your military divorce doesn't have to define your future. With proper legal guidance and attention to military-specific rules, you can navigate this process and move forward to the next chapter of your life.