Military divorces involve moving parts that standard civilian cases do not. Cases must follow both Washington state community property laws and strict federal statutes. Moreover, determining which state has the authority to divide a pension or decide custody is difficult when a service member’s legal residence differs from their duty station.
A compassionate Kent military divorce lawyer from Lutz & Associates, P.S., can help you navigate the intersection of Washington state law and federal military regulations. Since 1997, our family law attorneys have provided advocacy and support for service members and spouses at Joint Base Lewis-McChord and surrounding areas. We intimately understand family law because family law is all we do.
Understanding Military Divorce Requirements and Procedures
In Washington, a military divorce follows the same general no-fault rules as civilian cases. However, these proceedings are heavily influenced by specific federal laws like the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA).
The SCRA is designed to ease financial and legal burdens so active-duty members can focus on their mission, such as allowing a stay of civil court proceedings concerning divorce or child custody if military duties prevent participation. The USFSPA addresses the division of military benefits when a service member divorces, including:
- Retirement pay division: Grants state courts the authority to treat military retired pay as community property and divide it between spouses
- Direct payment (10/10 Rule): A former spouse can receive their share directly from the Defense Finance and Accounting Service (DFAS) if the marriage lasted at least 10 years and overlapped with 10 years of military service
- Ongoing benefits (20/20/20 Rule): Former spouses may keep full medical (TRICARE), commissary, and exchange privileges if the marriage lasted 20 years, the member served 20 years, and there was a 20-year overlap
- 20/20/15 Rule: Provides one year of transitional TRICARE if there was a 15-year overlap, and if the marriage was shorter than 10 years, the court can still award a portion of the pension, but the service member must pay the ex-spouse directly
- Enforcement: Provides a mechanism to enforce court-ordered child support and alimony directly from the member’s retired pay
Military pay can be garnished for child support and alimony. Washington courts calculate support based on Total Gross Income, which includes base pay plus allowances like Basic Allowance for Housing and Basic Allowance for Subsistence, even though these are not taxable.
If this sounds like a lot, that is because it is. You should not have to figure this out on your own, especially if you are the spouse still fulfilling service obligations at the same time. Let our compassionate military divorce lawyers in Kent do the hard work for you.
Requirements and Rights During Divorce Filing
To file in Washington, at least one spouse must be a resident or a service member stationed in the state. For a court to divide a military pension, the service member must be a resident of Washington, be stationed here, or consent to the court’s jurisdiction.
Washington law also protects service members from losing custody solely due to deployment. Our Kent military divorce attorneys can help create a delegated parenting time plan, which can include allowing a family member (like a grandparent) to exercise visitation time while a military parent is deployed.
What Are the Unique Factors to Consider in a Military Divorce?
In 2024, there were over 20,000 divorces filed in the state, according to the Washington State Department of Health, but the act of getting divorced is so much more than a number, and each couple is unique. In military divorces specifically, the intersection of state community property law and federal military regulations creates unique challenges, which makes it essential to work with an experienced Kent attorney from Lutz & Associates, P.S., who can handle the federal red tape that civilian-only firms often miss.
While the USFSPA allows state courts to divide military retired pay, federal law requires observance of the “Frozen Benefit Rule.” This means that a spouse’s share is often calculated based on the service member’s rank and years of service at the time of divorce, rather than at the time of future retirement. Instead of allowing states to use their own formulas, federal law requires the division to be based on a fictional scenario where the member retires on the date of the court order.
Entitlements of Former Spouses
While the base benefit is frozen, the former spouse is still entitled to Cost-of-Living Adjustments (COLAs) that occur between the date of the order and the member’s actual retirement. The rule does not apply if the service member is already retired at the time of divorce.
Military retirement ends when the service member dies. To protect a former spouse’s future income, the court must specifically order Survivor Benefit Plan (SBP) coverage. If not handled correctly in the final decree, the benefit can be lost forever, and our attorneys want to ensure that does not happen to your family.
Learn How Our Dedicated Military Divorce Attorneys in Kent Can Help You
A Kent military divorce lawyer at our firm could ensure the proper procedures for serving papers and protecting a service member or a military spouse’s rights during a valid divorce. Our lawyers have decades of combined experience and focus on results through early preparation. We could help draft flexible parenting plans that account for deployments, temporary duty assignments, and permanent change of station moves.
We could ensure your divorce decree uses the exact language required so you do not lose out on retirement pay or assets owed due to a paperwork error. Through clear communication and regular updates, we could guide you through this difficult time with confidence. Please contact Lutz & Associates, P.S., today to request your case consultation, and thank you for your service
