An Attorney Who Understands Military Life From the Inside.

Military Divorce Services in Williamsburg, VA

Military divorce is not like other divorces. Federal laws add layers of complexity that most family law attorneys rarely encounter. How retirement pay is divided, whether you keep TRICARE, what happens during deployment—these issues require an attorney who knows the rules and understands the military lifestyle.

Attorney Barbara Selje spent years as a military spouse and understands the legal issues military families face.

Why Military Divorce Requires Specialized Knowledge

Military families deal with the same issues as civilian families during divorce: custody, support, and property division. But when one or both spouses serve in the armed forces, federal laws govern how these issues are handled.

State law governs the divorce proceedings. Virginia courts apply Virginia law to divide property, determine custody, and award support. But federal laws, including the Servicemembers Civil Relief Act and the Uniformed Services Former Spouses' Protection Act, dictate how military-specific assets and benefits are treated.

Issues unique to military divorce include:

• Division of military retirement pay

• Impact of disability pay on retirement division

• TRICARE and commissary benefit eligibility

• Survivor Benefit Plan elections

• Custody arrangements during deployment

• Impact of PCS moves on custody and visitation

• Service of process protections for deployed service members

An attorney who handles military divorce needs to understand both Virginia family law and the federal regulations that apply to service members and their families. Without that knowledge, critical issues can be overlooked or handled incorrectly.

The Servicemembers

Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act is a federal law designed to protect active duty service members from default judgments and other civil proceedings while they are serving. It recognizes that military service can make it difficult or impossible for service members to appear in court or respond to legal actions.

Key SCRA Protections:

Stay of proceedings: A service member can request that court proceedings be postponed if military duties prevent them from appearing or adequately preparing their case.



Protection from default judgment: Before entering a default judgment, courts must determine whether the defendant is in military service. If so, the court must appoint an attorney to represent the service member's interests.

Application to family law: SCRA protections apply to divorce, custody, and support proceedings. This means a deployed service member may be able to delay divorce proceedings until they can participate.

Impact on Your Divorce:



If your spouse is an active duty service member, SCRA may affect the timing of your divorce. A deployed spouse can request a stay, which could delay proceedings. Proper service of process is also essential. We understand these requirements and ensure your case proceeds correctly while respecting the legal protections afforded to service members.

Dividing Retirement

 Under Federal Law

The Uniformed Services Former Spouses' Protection Act allows state courts to treat military retirement pay as marital property subject to division in divorce. This federal law does not require that retirement be divided, but it permits state courts to include it in the property division.

Key Points About USFSPA:

State law controls the division: Virginia uses equitable distribution, meaning the court divides marital property fairly based on relevant factors. Military retirement earned during the marriage is typically considered marital property.

The 10/10 rule for direct payment: If the marriage lasted at least 10 years and overlapped with at least 10 years of creditable military service, the former spouse can receive their share of retirement pay directly from the Defense Finance and Accounting Service (DFAS). If this threshold is not met, the retirement can still be divided, but the former spouse must collect directly from the service member.

Disposable vs. gross retired pay: USFSPA limits the division to "disposable retired pay," which excludes certain amounts like disability pay waivers and survivor benefit costs.

Precise language required: DFAS has specific requirements for the language used in divorce decrees. If the decree does not meet these requirements, DFAS may reject the former spouse's application for direct payment.

Getting the retirement division right requires understanding both Virginia law and DFAS requirements. We ensure your divorce decree contains the proper language so your share of retirement is protected.

Service Member

 Disability Pay

One of the most complicated issues in military divorce involves disability pay. VA disability compensation is generally considered the separate property of the service member and cannot be divided in a divorce. However, the interaction between retirement pay and disability pay creates significant complications.

The Waiver Problem:

To receive VA disability pay, service members typically must waive an equal amount of military retired pay. This is because federal law generally prohibits receiving both full retirement and full disability simultaneously. When a service member waives retired pay to receive disability pay, the disposable retired pay available for the division decreases, which can reduce the former spouse's share.

Exceptions:

Combat-Related Special Compensation (CRSC): Service members with combat-related disabilities may receive CRSC, which partially offsets the waiver but is not divisible as marital property.

Concurrent Retirement and Disability Pay (CRDP): Service members with 20 or more years of service and a disability rating of 50% or higher may qualify for CRDP, which allows them to receive both retirement and disability without full offset.

These calculations are complex and can significantly affect both parties' financial outcomes. We help you understand how disability pay may impact your case and address these scenarios in your separation agreement.

Tricare and

Comimissary Benefits

One of the most common questions in military divorce is whether the non-military spouse will keep TRICARE health coverage and commissary privileges after the divorce. The general rule is that these benefits end when the divorce is finalized. However, there are important exceptions.

The 20/20/20 Rule:

A former spouse retains full TRICARE coverage and commissary privileges if all three conditions are met: the marriage lasted at least 20 years, the service member has at least 20 years of creditable service, and at least 20 years of the marriage overlapped with the military service. Former spouses who meet this threshold are treated essentially the same as retirees for benefit purposes.

The 20/20/15 Rule:

If the marriage lasted at least 20 years, the service member has at least 20 years of service, but the overlap is only 15 to 19 years, the former spouse receives transitional TRICARE coverage for one year after the divorce.

Children's Coverage:

Children of service members remain eligible for TRICARE regardless of the divorce. Coverage continues until the child ages out or otherwise loses eligibility under normal TRICARE rules.

Understanding your benefit eligibility is essential before finalizing your divorce. Losing TRICARE coverage can have significant financial implications. We help you understand what benefits you may be entitled to and plan accordingly.



Custody and Visitation

 During Deployment

Deployments and PCS moves create unique challenges for custody arrangements. Virginia courts apply the same Best Interest of the Child standard used in all custody cases, but the realities of military service can affect how that standard is applied.

How Military Service Affects Custody

Stability concerns: Frequent relocations and extended deployments can affect a service member's ability to obtain primary physical custody. Courts consider the stability each parent can provide.

Family Care Plans: The military requires service members with dependents to have Family Care Plans designating care for children during deployment. These plans should align with custody arrangements.

Visitation during deployment: When a parent is deployed, visitation must be modified. Some custody agreements include provisions for "delegated visitation," allowing the deployed parent's family members to exercise visitation on their behalf.

Flexible scheduling: Military schedules are unpredictable. Custody agreements should include provisions that allow adjustments for deployment, training exercises, and duty requirements.

We help military families create custody arrangements that work within the realities of military life. Our goal is to protect your relationship with your children while accounting for the demands of service.

Jurisdiction

Military families often have connections to multiple states. The service member may be stationed in one state, maintain legal residence in another, and have a spouse living in a third. This raises questions about where the divorce can be filed.

Potential Jurisdictions:

• The state where the service member is currently stationed

• The state of the service member's legal residence (domicile)

• The state where the non-military spouse resides

Virginia courts have jurisdiction over divorce if at least one spouse meets Virginia's residency requirements. For military families stationed in Virginia, the service member may be able to file here even if their legal domicile is another state.

The choice of jurisdiction can affect outcomes on property division and support because different states have different laws. We help you understand your options and make strategic decisions about where to file.



Lobbying for Military Families

Advocating for Military Families Beyond the Courtroom

Real Estate Tax Exemption

Virginia provides a real estate tax exemption for 100% disabled veterans and spouses of service members killed in action.

However, the law excludes spouses of service members who died from service-connected illness.

Barbara has lobbied Virginia legislators to extend this exemption to all surviving spouses of service members who died due to their service.

TRICARE Coverage Gap

Under the Affordable Care Act, civilian children can remain on their parents' health insurance until age 26. But TRICARE coverage for military children ends at age 23, forcing families to purchase TRICARE Young Adult coverage at significant cost.

Barbara has advocated for equal treatment of military children under federal health insurance mandates.

FAQs

FREQUENTLY ASKED QUESTIONS