A Guide to Military Divorce in Colorado

Divorce is rarely quick or simple. This is particularly true if you or your spouse is an active-duty service member. Military divorces involve unique challenges that go beyond civilian cases. Service members and their spouses must consider deployment, frequent relocations, and military pension division—all while following Colorado and federal law.

Military divorce in Colorado is prevalent, where major bases like Fort Carson and the Air Force Academy are located. This article explains what to expect from the process, how long it may take, and the key legal issues of military family law in Colorado Springs and Denver metro areas.

The biggest distinction between a military divorce and a civilian divorce is that one of you took an oath of service—a commitment that doesn’t pause, even when life at home gets complicated. Military life comes with challenges and responsibilities that civilians may not fully understand, and those differences can create unique stress during divorce.

Fortunately, laws are designed to protect service members and their families throughout the process. Combined with the realities of military life, these laws often make military divorces more complex—and sometimes longer—than those in civilian life.

Every service member and military spouse should be aware of the two federal laws that specifically apply to military divorce matters:

• Servicemembers Civil Relief Act (SCRA) – Protects service members from default judgments while on active duty.

• Uniformed Services Former Spouses’ Protection Act (USFSPA) – Governs how military retirement pay can be divided.

Depending on your situation, both laws can directly impact how long your divorce takes.

Servicemembers Civil Relief Act (SCRA)

Active-duty service members are subject to federal orders that can take them anywhere, at any time. Imagine being deployed overseas when your spouse files for divorce in Colorado. 

Typically, you’d have 21 to 35 days to respond to the court—but what if you physically can’t?

That’s where the Servicemembers Civil Relief Act steps in. The SCRA protects service members from being unfairly penalized for their inability to participate in civil court proceedings while fulfilling their military duties. It allows you to request a stay of proceedings—a pause or delay—if you’re on active duty, deployed, or within 90 days of release.

A service member must:

• Be under federal orders lasting more than 30 days

• Explain why their military duty prevents participation

• Provide a potential availability date

• Submit a letter from their commander confirming that leave isn’t available

Courts can grant additional stays if military duty continues interfering with participation, but they won’t grant indefinite delays. Increasingly, Colorado courts are using remote technology, such as Zoom or Webex, to allow appearances even during deployment, thereby reducing the need for lengthy postponements.

In short, the SCRA ensures that military obligations take precedence over court timelines, making the process fairer for those serving their country.

Uniformed Services Former Spouses’ Protection Act (USFSPA)

The second major federal law affecting military divorce is the Uniformed Services Former Spouses’ Protection Act. This law allows state courts to consider military pensions as marital property, which can be divided between spouses during divorce proceedings.

However, the USFSPA has limits. The act:

• Does not apply retroactively

• Does not allow the division of disability benefits

• Requires the marriage to have lasted at least 10 years during the service member’s active duty for direct payment eligibility

Additionally, a state court must have jurisdiction over the service member to divide the pension, which can get complicated if the service member is stationed out of state or overseas. While the USFSPA can help non-military spouses secure a fair share of retirement pay, the additional steps required to meet federal standards can also extend the divorce timeline.

While federal laws provide essential protections, Colorado’s family laws still govern the resolution of issues such as custody, child support, and property division. When these laws overlap, the process becomes complicated. Deployments, frequent moves, and military housing can necessitate more time and planning than a civilian divorce. That’s why it’s crucial to have a military divorce lawyer who understands both the legal system and the realities of military life.

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Before filing for divorce, first determine if Colorado has jurisdiction—that is, the court’s authority to decide your case and issue binding orders. Military divorces involve extra jurisdictional and residency rules, so it’s important to confirm Colorado can handle your case.

Unlike civilian divorces, military divorces offer more flexibility when choosing where to file. Generally, a divorce involving a service member may be filed in:

• The state where the service member is domiciled (their legal home of record)

• The state where either spouse currently resides

• The state where the service member is stationed, provided that state allows jurisdiction

Colorado recognizes jurisdiction if certain conditions are met, but being stationed in the state doesn’t automatically make you a Colorado resident for divorce purposes.

Residency Requirements for Colorado

Colorado law requires at least one spouse to be domiciled in the state for at least 91 days before filing for divorce.

Importantly, domicile and residency are not always the same thing. Domicile refers to a person’s permanent legal home, where they intend to return and remain. In McMillion v. McMillion, 522 P.2d 125 (Colo. 1974), the court clarified that a person can be domiciled in Colorado even while physically residing elsewhere.

For service members, establishing domicile depends on several factors, including:

• Where they were previously stationed

• Whether they purchased a home or established a household in Colorado

• Where they’ve claimed residence in the past

• Their Home of Record and state of legal residence on Leave and Earnings Statements

• Whether they intend to remain in Colorado permanently or until reassignment

A good example is Collins v. Collins, in which a sergeant stationed in Colorado for nearly two years was granted a divorce. Because he intended to stay in Colorado indefinitely—or until his military obligations required him to move—the court found he had established legal residence in the state.

If you’re stationed in Colorado temporarily and plan to move once your assignment ends, the court may not consider you domiciled here. To ensure your case meets Colorado’s jurisdictional requirements, consult an experienced military divorce lawyer before filing.

Even after jurisdiction is established, Colorado courts must have personal jurisdiction over the respondent (your spouse) to issue orders about child support, property division, or attorney’s fees. This means your spouse must be properly served with divorce papers.

If your spouse lives in Colorado, service can be completed within the state, usually by a process server delivering the documents directly to your spouse.

If your spouse lives outside Colorado, the state’s long-arm statute, C.R.S. § 13-1-124, allows Colorado courts to assert jurisdiction if the couple established a marital home in Colorado and one spouse has remained domiciled here. In this case, the out-of-state spouse can be served where they currently live.

If your spouse is stationed overseas, things become more complex. Many military installations are considered federal enclaves, meaning you must coordinate service with military authorities. If your spouse is stationed abroad, the serving party must also comply with international law—specifically, the Hague Convention—to ensure service is valid.

Due to these additional requirements, properly serving an active-duty or overseas service member can take longer and may require special coordination between the court, military officials, and, in some cases, foreign authorities.

Colorado follows the equitable distribution model, meaning marital property is divided fairly—not necessarily equally—based on each spouse’s financial circumstances and contributions. Under C.R.S. § 14-10-113, property acquired during the marriage is presumed to be marital property, while property owned before marriage or received as a gift or inheritance typically remains separate. However, any increase in the value of separate property during the marriage may be considered marital and subject to division.

Service members often ask our attorneys, “What happens to my military pension after divorce?” In Colorado, military pensions earned during marriage are considered marital property and may be divided in a divorce. The division of retirement benefits is governed by state law and the Uniformed Services Former Spouses’ Protection Act (USFSPA), which allows state courts to treat “disposable retired pay” as divisible property.

The court’s authority to divide a pension is limited to what existed when the divorce was finalized. Once a divorce is complete, a court cannot later pursue a share of the pension. The Colorado Supreme Court affirmed this principle in In Re Marriage of Booker (1992), which held that the USFSPA cannot be applied retroactively.

Under the USFSPA, only disposable retired pay—gross retired pay minus deductions for the Survivor Benefit Plan, VA disability offsets, and certain federal debts—can be divided. Colorado courts often apply the Time Rule Formula (or more recently, the “Freeze Time Formula”) to calculate the marital portion of a service member’s retirement benefits:

Marital Share = Disposable Retired Pay × (Marital Service Time ÷ Total Service Time)

This ensures that only the benefits earned during the marriage are divided.

The 10/10 Rule

A common misconception is that spouses must have been married for at least ten years to divide military retirement pay. In reality, the 10/10 rule only determines whether the Defense Finance and Accounting Service (DFAS) can send payments directly to the former spouse.

DFAS can issue direct payments if the marriage overlapped with at least 10 years of military service. If not, the service member remains responsible for paying the awarded share.

Limitations on Post-Divorce Increases

USFSPA covers only the portion of the pension earned during the marriage. Any increases due to promotions or additional years of service after the divorce are not subject to division. For instance, if a service member is promoted after divorce, their former spouse is not entitled to the higher pension resulting from that promotion.

Disability Pay

Military disability pay and Veterans Affairs (VA) disability compensation are treated differently under federal law. These benefits are not divisible in a divorce because they are intended as personal compensation for injury or disability. However, the court can consider them when deciding other financial matters—such as spousal maintenance or division of remaining assets—to ensure an equitable outcome.

This was reaffirmed in In re Marriage of Tozer, where the Colorado Court of Appeals held that military disability benefits cannot be divided as marital property under the USFSPA. Still, courts may account for these payments by awarding the other spouse a greater share of marital assets or higher maintenance.

A Colorado court may only divide a military pension if it has jurisdiction over the service member—that is, if the member resides in the state for reasons beyond military orders, has domicile in Colorado, or consents to the jurisdiction.

In In re Marriage of Akins (1997), the Court of Appeals held that the USFSPA preempts Colorado law when these conditions are not met.

Even outside of court orders, the military requires service members to financially support dependents. Spouses living apart from active-duty members may be eligible for support through military channels, often determined by the service member’s rank. In the absence of a court order, spouses can seek assistance through the Inspector General’s office.

Military pay considered for support determinations includes:

• Basic Pay – the member’s monthly salary

• Basic Allowance for Housing (BAH) – for on- or off-base housing

• Basic Allowance for Subsistence (BAS) – for food costs

• Overseas allowances – for cost-of-living adjustments when stationed abroad

Even when a Colorado court cannot directly divide a military pension or disability benefits, it can still account for them when distributing other marital assets or determining spousal maintenance. The court may award the non-military spouse a greater share of property or higher support payments to ensure fairness.

In Colorado, all child custody and parenting decisions are guided by one standard: the best interests of the child. Under C.R.S. § 14-10-124, courts evaluate several factors to determine what arrangement best promotes a child’s physical, emotional, and developmental well-being. These include each parent’s relationship with the child, the ability to encourage a positive relationship with the other parent, and the child’s wishes if they are mature enough to express them.

Each parent is generally entitled to reasonable parenting time, unless the court determines that such time would endanger the child’s physical health or significantly impair their emotional development.

Military service can complicate custody arrangements, especially when deployment, temporary duty (TDY), or reassignment arises. To address this, Colorado has adopted the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), C.R.S. § 14-13.7-101 through C.R.S. § 14-13.7-504.

The UDPCVA ensures that custody and visitation arrangements account for the unique circumstances of military families. It provides important safeguards, including:

• Temporary parenting plans that take effect during deployment or other military absences.

• Expedited hearings to address custody issues before deployment.

• Electronic testimony options are available for service members who cannot appear in person.

• Restoration of the original parenting plan once the deployed parent returns.

The law recognizes that deployment is temporary, not a reason to modify custody permanently.

Our military family law attorneys have successfully advocated on behalf of deployed servicemembers to ensure their parental rights are protected, including a young soldier facing challenging custody arrangements. 

When a military parent is deployed, the UDPCVA allows parents to create a temporary custody and visitation plan to ensure stability for the child. This plan automatically ends once the deployment ends and the prior custody arrangement resumes.

Importantly, deployment does not automatically mean the non-deployed parent receives full custody. In In re Marriage of De Palma, 176 P.3d 829 (Colo. App. 2007), the court recognized that a fit parent has a presumptive right to decide who cares for their child during their absence, which may include a new spouse or trusted family member. However, the court will always confirm that such an arrangement serves the child’s best interests.

Decision-making authority—the right to make major decisions about a child’s education, healthcare, religious training, and extracurricular activities—is typically determined using the same “best interests” factors as parenting time.

Under C.R.S. § 14-10-124(1.5)(b), courts also consider:

• Each parent’s ability to cooperate and make joint decisions.

• The quality of the parents’ communication and relationship.

• Each parent’s willingness to encourage contact with the other parent.

The UDPCVA allows deployed parents to delegate caretaking authority temporarily but not full decision-making rights. Courts generally will not grant a step-parent or non-parent decision-making authority unless both parents agree. In De Palma, for example, the court ruled that the service member’s new spouse could not share legal decision-making power, as those rights remain exclusive to the child’s parents.

Military parents are subject to the same child support guidelines as civilian parents under C.R.S. 14-10-115. Support is calculated based on:

• Each parent’s gross income,

• The number of children,

• The number of overnights each parent has,

• along with additional costs such as,

• Childcare and education expenses,

• Health and dental insurance premiums, and

• Extraordinary medical costs.

For service members, military allowances such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are included when determining income for child support purposes.

Because military families often move or live in different states, interstate child support enforcement is governed by the Uniform Interstate Family Support Act (UIFSA). Colorado courts can establish or modify a support order even when one parent resides elsewhere, as long as the child resides in Colorado or has a sufficient connection to the state. UIFSA helps ensure continuity and enforcement of child support across state lines.

Although separate from child support, spousal maintenance (alimony) is often addressed alongside custody and financial issues in divorce cases. Under C.R.S. 14-10-114, courts consider each spouse’s income, property division, financial resources, and reasonable needs before determining maintenance awards. The arrangement's tax implications and overall fairness are also considered.

Colorado’s courts strive to balance the realities of military service with children's stability and best interests. Together, the UDPCVA, child support guidelines, and UIFSA ensure that service members and their families have clear, fair frameworks to rely on—whether a parent is home, on active duty, or temporarily deployed.

No two military divorces follow the same timeline. The length of the process depends on whether the case is contested, how complex the issues are, and whether one spouse is actively serving. While some divorces move quickly, others can take significantly longer due to military-related factors.

If both spouses agree on all major issues, an uncontested divorce can move relatively quickly. In Colorado, an uncontested military divorce may be finalized in as little as three to six months, depending on the court’s schedule and how promptly the paperwork is filed and processed.

The case becomes contested when spouses disagree on key issues like the division of military pensions or parenting arrangements. These divorces take more time—often a year or longer—because they may involve discovery, hearings, and sometimes expert evaluations on finances or child-related matters. Military divorces involving pensions can also require additional documentation under the Uniformed Services Former Spouses’ Protection Act (USFSPA), which can add to the timeline.

Active-duty service members have legal protections under the Servicemembers Civil Relief Act (SCRA). This federal law allows a deployed or otherwise unavailable service member to request a “stay” of the proceedings—pausing the case—if their duties prevent them from participating. Courts typically grant an initial 90-day delay, and in some cases, extensions can be approved for the duration of a deployment. These pauses help ensure active-duty members aren’t disadvantaged because of their military obligations.

Even with both parties acting in good faith, certain circumstances can slow the process. 

Common reasons include:

• Overseas assignments or remote postings make service of process or communication difficult.

• Disputes over pensions often require detailed financial analysis or legal review.

• Custody disagreements, particularly when one parent’s deployment affects parenting time.

• Expert evaluations, such as property appraisals or child custody assessments, can take weeks or months to complete.

While some military divorces in Colorado can be completed within a few months, others may take a year or more—especially when military service, complex assets, or child-related disputes are involved. Working with an attorney familiar with Colorado family law and federal military protections can help streamline the process and prevent unnecessary delays.

A military divorce can involve additional costs and logistical challenges beyond a typical civilian divorce. Understanding these factors can help you plan and avoid surprises.

The complexity of a military divorce can significantly impact attorney fees. Cases involving disputes over military pensions, property division, or child custody typically require more time, legal research, and strategy, which can increase costs. Uncontested cases generally cost less, but it’s still wise to discuss fee structures upfront with your lawyer.

Some issues in a military divorce require specialized expertise:

• Pension division often involves financial experts calculating the marital portion of military retirement pay under the USFSPA.

• Child custody disputes may require parenting evaluators or child psychologists to assess what arrangement is best for the child.

These professionals can add to court costs and extend the timeline of your case, so budgeting for expert evaluations is crucial.

Military divorces can also involve practical hurdles that add expense and complexity. Examples include:

• Travel to attend hearings or meetings, especially if one spouse is stationed overseas.

• Base access requirements may involve coordination with military security to serve papers or meet with your spouse.

• Serving papers to a deployed or temporarily assigned service member can require extra time, coordination, or international compliance (such as under the Hague Convention).

Even simple procedural steps can be more complicated when one spouse is on active duty, so planning is key.

A Colorado military divorce attorney plays a critical role in helping service members and their spouses navigate the unique challenges of divorce involving military service. These cases require more than just knowledge of Colorado family law—they also involve federal rules, military benefits, and the realities of deployment.

Military divorces require attorneys who understand both Colorado law and federal regulations. Federal statutes like the USFSPA and Servicemembers Civil Relief Act (SCRA) interact with state rules, and missteps can create delays or unintended financial consequences. A knowledgeable lawyer ensures all legal requirements are met and your rights are protected.

Dividing military retirement pay is one of the most complex aspects of a military divorce. An experienced Colorado military divorce attorney will draft clear, enforceable orders that comply with the requirements of the Defense Finance and Accounting Service (DFAS). Properly structured orders can prevent disputes and ensure the correct distribution of retirement benefits, whether the parties are using the Freeze Time Formula, the Time Rule Formula, or other calculation methods.

Military divorces often involve custody considerations complicated by deployments or temporary duty assignments. A skilled lawyer can help create parenting plans under the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), ensuring temporary arrangements are fair and that the service member’s rights are protected. They also help navigate SCRA protections, such as requesting stays of proceedings when active duty prevents participation in the case.

Having a military divorce attorney familiar with local military communities can be a significant advantage. In Colorado, understanding the dynamics of bases like Fort Carson, Peterson, and Schriever in the Colorado Springs area or Buckley Space Force Base in the Denver metro area can make it easier to coordinate service, attend hearings, and address practical issues specific to military life. 

Military divorce involves specialized rules that many civilian firms overlook. At Robinson & Henry, our Denver and Colorado Springs attorneys provide the strategic guidance needed to manage:

• Military Pensions & SBP: Ensuring fair division under the 10/10 rule and beyond.

• Parenting Plans: Creating flexible custody orders that account for deployments and PCS moves.

• Jurisdictional Hurdles: Navigating the complexities of filing while stationed in Colorado.

Don’t leave your rights to chance. Contact our experienced military family law team today.