Tempe Military Divorce Lawyers

Marriage is already complex. When military service is part of that marriage, things become even more difficult to untangle when a divorce becomes inevitable. While divorce is, unfortunately, a common legal process, military divorce is not simply a standard civilian divorce with a different job title attached to one spouse. Military divorce cases involve both state and federal law, which means that if you or your spouse is on active duty, in the reserves, or retired from service, your divorce may involve issues that civilian families never have to think about. If you’re facing a military divorce, please don’t hesitate to contact the skilled and experienced Tempe divorce lawyers at Weingart Family Law for a consultation today.

What Makes a Military Divorce Different from a Civilian Divorce?

While military divorces are, at their core, still divorces governed by Arizona law, there are various federal protections and statutes that directly affect how and when a divorce can proceed, as well as how certain assets are divided. Two of the most significant federal laws that apply are the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA).

The SCRA exists to protect active duty service members from being disadvantaged in court proceedings simply because they are serving. For example, if a service member is deployed or otherwise unable to appear in court, he or she may request that the proceedings be temporarily delayed. This is known as a stay. Courts generally grant these stays when documentation is provided, because the law recognizes that military obligations should not prevent someone from adequately responding to a divorce petition.

The USFSPA, on the other hand, deals primarily with military retirement benefits. This law allows state courts, to treat military retirement pay as divisible property in a divorce. However, it does not automatically entitle a former spouse to a portion of retirement; Arizona’s community property laws still control how that division is calculated.

Beyond federal statutes, military families face unique logistical and financial issues, including the following:

• Frequent relocations that complicate residency and jurisdiction
• Overseas assignments that limit physical court appearances
• Deployment schedules that directly impact child custody
• Military pensions that require precise calculation
• Survivor Benefit Plan elections
• TRICARE eligibility questions
• Special pay and housing allowances that affect income calculations

Can You File for Divorce in Arizona if You or Your Spouse is Stationed Here?

One of the first questions people ask is whether they can even file in Arizona. Under the law, at least one spouse must be domiciled in the state for at least 90 days before filing for divorce. For military members stationed in Tempe or elsewhere in the Arizona, this requirement may be satisfied, but it depends on whether Arizona is considered the service member’s legal residence. Domicile involves more than simply being stationed here. Courts may look at the following:

• Where you are registered to vote
• Where your driver’s license is issued
• Where you pay state income taxes
• What state is listed as your home of record

If a service member is physically present in Arizona due solely to military orders but claims another state as his or her legal residence, jurisdiction can become more complicated.

Additionally, under the USFSPA, Arizona courts may only divide military retirement if certain jurisdictional requirements are met. These include the following:

• The service member resides in Arizona for reasons other than military assignment
• The service member is domiciled in Arizona
• The service member consents to Arizona’s jurisdiction

Without satisfying one of these, retirement division may not be enforceable.

How Does Deployment Affect a Military Divorce?

Deployment can dramatically impact a military divorce. Under the SCRA, an active duty member who cannot participate in court proceedings due to military duties may request a stay of the divorce. This can delay hearings, mediation, or even finalization. While this protection is important, it can also extend the timeline of the case.

When children are involved, deployment adds another layer. Arizona courts base custody decisions on the best interests of the child, and military service alone cannot be used against a parent. However, temporary arrangements must often be made. These can include the following:

• Temporary custody orders during deployment
• Scheduled virtual parenting time
• Clear reinstatement provisions upon return

How is Military Retirement Divided in an Arizona Divorce?

Arizona is a community property state. Generally speaking, property acquired during the marriage is divided equitably, which in most cases means equally. Military retirement earned during the marriage is considered community property to the extent it was accrued during that time. Courts typically apply a formula that considers the following:

• Total length of military service
• Length of marriage overlapping with that service
• The percentage of retirement earned during the marriage

Many individuals also ask about the so-called 10/10 rule. This rule simply determines whether the Defense Finance and Accounting Service will make direct payments to a former spouse. It does not determine whether the spouse is entitled to a portion of retirement in the first place. It is also critical to address:

• Cost of living adjustments
• Disability pay, which is treated differently
• Survivor Benefit Plan elections

What Happens to Military Benefits After Divorce?

Healthcare and other benefits are another major concern. Under what is commonly referred to as the 20/20/20 rule, a former spouse may retain full TRICARE benefits if:

• The marriage lasted at least 20 years
• The service member completed at least 20 years of service
• There was at least a 20-year overlap between marriage and service

There is also a 20/20/15 rule that provides limited transitional coverage.

If these thresholds are not met, health benefits may terminate after divorce. Housing allowances and other forms of military compensation may also change, which can impact spousal maintenance and child support calculations.

Contact Our Phoenix Metropolitan Area Military Divorce Lawyers

Here at Weingart Family Law, our lawyers are proud to represent military members and their spouses as they go through the divorce process. If you need assistance, please don’t hesitate to contact our dedicated legal team for an initial consultation today so we can discuss your circumstances.