Military Divorce

Colorado Springs Military Divorce Lawyer

Former JAG Officers & Active-Duty Veterans Handling Military Divorce in Colorado Springs

At Aviso Law, our legal team includes former active-duty officers and Judge Advocates who handle military divorce alongside court-martial defense and military criminal defense cases. That cross-disciplinary background gives our attorneys practical familiarity with the federal statutes and military systems that govern these cases, not just the family court side. Since 2015, we’ve handled more than 1,000 cases and built a combined attorney experience of over 50 years. Servicemembers and their spouses at Fort Carson, Peterson Space Force Base, Schriever Space Force Base, and the Air Force Academy face a distinct set of procedural and jurisdictional considerations where Colorado state family law intersects with federal statutes including the Uniformed Services Former Spouses’ Protection Act (USFSPA), the Servicemembers Civil Relief Act (SCRA), and the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). We offer free initial phone consultations and virtual consultations to make getting started as straightforward as possible.

Call us today at (719) 356-5552 or contact us online to schedule a free consultation with a military divorce attorney in Colorado Springs.

What Makes Military Divorce Different?

Military divorce involves legal considerations that simply don’t arise in civilian cases: military pensions, deployment-driven custody questions, jurisdictional complications, and federal benefit structures that state courts can’t always reach. Our Colorado Springs military divorce attorneys are versed in both the federal statutes and the Colorado family law rules that govern these cases.

Specific challenges in a military divorce include:

Jurisdictional Issues
Child Custody
Servicemembers Civil Relief Act (SCRA)
Military Retirement
Thrift Savings Plans (TSP)
Basic Allowance for Housing (BAH)
VA Disability
Life Insurance
Hazard Duty Pay

Military Divorce Jurisdiction in Colorado

To file for divorce in Colorado, one spouse must be a state resident for at least 91 days before filing. For civilians, simply living in the state typically satisfies that requirement. For servicemembers, it’s more complicated, because many elect a state of legal residence different from where they’re stationed.

Consider a servicemember physically living in Colorado Springs but paying taxes in Kansas.

If that servicemember is in Colorado solely because of orders and hasn’t taken independent steps to establish residency, such as registering to vote, obtaining a Colorado driver’s license, or opening a local bank account, Colorado courts may not have jurisdiction over them.
Only one spouse needs to qualify as a Colorado resident to file. If the non-military spouse lives and works in Colorado, that’s enough, even if the servicemember is domiciled elsewhere.
Even when Colorado has jurisdiction over the divorce itself, the court may not have authority to divide military retirement unless the servicemember initiates the proceedings or consents to Colorado jurisdiction.

Child Custody for Active Servicemembers

The Uniform Deployed Parents Custody and Visitation Act (UDPCVA) protects military parents’ parenting rights during deployment. Here’s how it applies in custody cases:

Preserving Parenting Time

Maintains Existing Arrangements: The UDPCVA keeps a deployed parent’s existing parenting time arrangement in place during deployment.
Facilitates Remote Parenting: The Act encourages the use of technology, such as video calls or email, to maintain the parent-child relationship during deployment.
Delegation of Parenting Time: A deploying parent may designate a person with a close and substantial relationship to the child, such as a grandparent or stepparent, to exercise parenting time during the deployment period.
Temporary Adjustments: In certain circumstances, the court may temporarily modify parenting time to accommodate the deployment, with the expectation that the original arrangement resumes upon the parent’s return.

Protection Against Unfair Modifications

Prevents Unnecessary Changes: The UDPCVA discourages modifications to parenting time during deployment unless there is a substantial change in circumstances that affects the child’s best interests.
Burden of Proof: The burden falls on the party seeking modification to demonstrate that substantial change.

Post-Deployment Transition

Facilitates a Smooth Return: The UDPCVA provides guidelines for transitioning back to the original parenting arrangement when the servicemember returns.
Addresses Transition Issues: The Act helps resolve issues that can arise during the transition period, including the child’s adjustment and any necessary updates to the parenting plan.

El Paso County District Court routinely accommodates military schedules, and remote participation in certain proceedings is available for servicemembers who can’t appear in person. If your military divorce involves child support, our team understands the intersection of military compensation rules and Colorado family law.

Servicemembers Civil Relief Act (SCRA)

The SCRA provides meaningful protections for active-duty servicemembers facing legal proceedings, including divorce. It’s designed so that military obligations don’t put servicemembers at a legal disadvantage.

Here’s how the SCRA applies in a Colorado divorce:

Stay of Proceedings

Temporary Pause: A servicemember who can’t participate in divorce proceedings due to military service can request a stay. The SCRA provides a delay, not a dismissal; proceedings resume when the servicemember is available. This protection is particularly relevant during deployments or extended training.
Supporting Documentation: To obtain a stay, the servicemember must provide the court with documentation justifying it, such as deployment orders or military leave schedules.
Waiving the Stay: A servicemember may choose to waive SCRA protection and participate remotely. El Paso County District Court regularly permits remote participation in these situations.

Protection from Default Judgments

Notice and Opportunity to Respond: The SCRA requires that proper notice be given to a servicemember before a default judgment can be entered against them, preserving their ability to participate in the proceedings.
Setting Aside Default Judgments: If a default judgment is entered due to a servicemember’s inability to appear, the SCRA allows them to petition the court to set it aside.

How the SCRA applies depends on the specifics of your situation. Speaking with a military divorce attorney in Colorado Springs can help you understand your rights under the Act.

How Is Property Divided in a Military Divorce?

Military divorces involve multiple distinct asset categories, each governed by a different mix of federal and state rules. Military retirement pay falls under the USFSPA. TSP accounts require a Retirement Benefits Court Order (RBCO). BAH and BAS factor into support calculations as income even though they’re non-taxable. VA disability pay is treated differently still. The sections below address each category in detail.

Property division is one of the areas where having attorneys who have operated inside the military legal system makes a practical difference. Call Aviso Law at (719) 356-5552 for a free consultation, or reach us online to get started.

Division of Military Retirement

Certain military retirement benefits are considered marital property in Colorado and are subject to division in a divorce. The division of these benefits is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA), which authorizes state courts to treat disposable military retired pay as a marital asset. Disposable retired pay is generally defined as gross retired pay minus specific deductions, including amounts waived to receive VA disability benefits. Speaking with a military divorce lawyer in Colorado before any agreement is reached can help you address provisions that seem straightforward but carry long-term consequences.

Key Factors in Division

Marital Portion:

The court determines the portion of military retirement earned during the marriage. This is the “marital portion.”
The non-military spouse is typically entitled to a share of that marital portion.

Calculating the Marital Portion:

Frozen Benefit Rule: If the servicemember is still on active duty, the court calculates the marital portion using rank and years of service at the time of divorce, not at retirement. This rule applies under both the Blended Retirement System (BRS) and the older High-3 pension calculation.
Coverture Formula: If the servicemember is already retired, the court uses the Coverture Formula, dividing the number of months of military service during the marriage by total months of military service.

Awarding the Marital Portion:

Courts typically award the non-military spouse 50 percent of the marital portion, but may deviate when circumstances warrant, such as when one spouse made significant contributions to the other’s military career.

Important Considerations:

The 10/10 Rule: This rule is widely misunderstood. It doesn’t determine whether a court can divide military retirement; it only governs whether DFAS will make direct payments to the former spouse. A Colorado court can award a share of retirement regardless of how long the marriage lasted. DFAS direct payments require at least 10 years of marriage overlapping with at least 10 years of qualifying military service.
Survivor Benefit Plan (SBP): Military retirement pay stops at the servicemember’s death. The SBP allows a former spouse to continue receiving a portion of that retirement income after the servicemember dies. The SBP election is time-sensitive, and failing to properly elect and document SBP coverage in the divorce decree can result in permanent loss of the benefit.
VA Waiver Issue: If a servicemember later elects to waive taxable retired pay in order to receive equivalent non-taxable VA disability benefits, the disposable retired pay available for division is reduced. A carefully drafted separation agreement can address indemnification for this scenario.

Division of a TSP in a Military Divorce

A Thrift Savings Plan (TSP) is the federal retirement savings equivalent of a 401(k), available to both civil service and military personnel. In a Colorado divorce, the portion accumulated during the marriage is marital property subject to equitable division.

Key Points to Consider:

Marital Property: The portion of the TSP accumulated during the marriage is subject to division.
Division of the Marital Portion: Courts typically divide the marital portion equitably, though not necessarily equally.
Future Contributions: Contributions made after the divorce are separate property and aren’t subject to division.

How the Division Process Works:

Court Order: The divorce decree or a separate court order specifies how the TSP will be divided. If the order doesn’t include the required information or doesn’t comply with federal regulations, a separate corrected RBCO may need to be drafted.
RBCO Submission: The Retirement Benefits Court Order (RBCO) is submitted to the TSP office, which then processes the division of the account.

Important Considerations:

Tax Implications: Dividing a TSP can carry tax consequences. Consult a tax professional to understand what those may be before finalizing the division.

Basic Allowance for Housing (BAH) & Basic Allowance for Subsistence (BAS)

Both BAH and BAS are non-taxable military allowances, but Colorado treats them as income for purposes of calculating child support and spousal maintenance. Because these allowances can represent a significant share of a servicemember’s total compensation, leaving them out of the calculation can produce a support order that doesn’t reflect what the servicemember actually takes home. Accurately accounting for every component of military pay matters for a fair result.

VA Disability Benefits

VA disability benefits are not divisible as marital property in a Colorado divorce. Federal law prohibits state courts from treating VA disability pay as a marital asset. Those benefits can, however, be considered income for purposes of calculating child support and spousal maintenance. A court can factor VA disability into the amount of support a veteran is ordered to pay, even though the benefits themselves can’t be divided as property. The interaction between VA disability, military retirement pay, and the VA Waiver issue makes it important to address all three in any negotiated settlement.

TRICARE Eligibility After Military Divorce

TRICARE coverage for a former military spouse is governed by strict federal rules, and understanding them before finalizing a divorce settlement matters. There are two primary eligibility thresholds and one fallback option.

20/20/20 Rule: A former spouse retains full TRICARE eligibility and base privileges if the marriage lasted at least 20 years, the servicemember served at least 20 qualifying years, and there was at least a 20-year overlap between the marriage and the period of service.
20/20/15 Rule: If the overlap between marriage and qualifying service was at least 15 years but less than 20, the former spouse is eligible for one year of transitional TRICARE coverage following the divorce.
Continued Health Care Benefit Program (CHCBP): Spouses who don’t meet either threshold may be eligible to purchase temporary continuation coverage through the CHCBP, a federal program that functions similarly to COBRA for civilian employer health plans.

Addressing TRICARE eligibility in the divorce decree, rather than after the fact, can help both parties plan for potential coverage gaps and related disputes.

Contact Our Colorado Springs Military Divorce Attorneys

Military divorce is one of the more technically demanding areas of family law, involving federal statutes, military-specific benefit structures, and procedural rules that don’t apply in civilian cases. At Aviso Law, our attorneys have handled these cases from both sides of the military law system, giving us context that goes beyond what a standard family law practice can offer. We’ve handled over 1,000 cases, our rates are affordable, and virtual consultations are available. We offer a free initial phone consultation so you can understand where you stand before committing to anything.

Contact Aviso Law today to schedule a free consultation with a military divorce lawyer in Colorado Springs.

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