Colorado Military Divorce Attorneys

In a military divorce, a spouse is generally entitled to a portion of the marital retirement benefits accrued during the marriage. How much the spouse receives is often determined by the length of the marriage during the military service period. It’s important to note the specific division can be complicated by factors like state and federal laws and pre-nuptial agreements. 

The 10-year rule in military divorce may sound straightforward when in actuality, the 10-year rule affects direct payments from the Defense Finance and Accounting Service (DFAS). If the marriage lasted less than 10 years during active duty, the court could divide benefits, but the non-military spouse might not receive direct payments. In such cases, the military spouse would have to pay the non-military spouse their share directly. 

No, you will not lose your Basic Allowance for Housing (BAH) due to a divorce. The housing allowance provided to service members is intended to help cover related costs, whether you live on or off base and regardless of marital status. However, there are specific circumstances where the division of marital assets, including BAH, might be considered in a divorce settlement. Consulting a legal professional experienced in military divorces can help put your situation into context.