Virginia's significant military presence, with major installations including Naval Station Norfolk, Joint Base Langley-Eustis, Marine Corps Base Quantico, and Fort Gregg-Adams, means thousands of military families call the Commonwealth home. When these marriages end, they face complexities not present in civilian divorce, from federal laws protecting service members to division of military retired pay and custody challenges created by deployments.
How Common Is Divorce Among Military Families?
Military families experience divorce at rates generally higher than civilian populations, though exact statistics vary by branch of service, rank, and length of service. The unique stressors of military life contribute to marital strain:
- Frequent deployments separate spouses for months or years
- Regular relocations disrupt family stability and spousal careers
- Combat stress and post-traumatic stress disorder are affecting relationships
- Financial pressures despite steady military pay
- Young marriage age is common among enlisted service members
- Reintegration challenges when service members return from deployment
Studies consistently show higher divorce rates among military couples compared to civilian couples, and Virginia's large military population affects the state's overall divorce statistics.
Virginia's Military Concentration
Virginia ranks among the states with the highest military presence in the United States. Major installations include:
- Naval Station Norfolk : World's largest naval base
- Joint Base Langley-Eustis : Major Air Force and Army installation
- Marine Corps Base Quantico
- Fort Gregg-Adams : Formerly Fort Lee, major Army logistics hub
- Naval Air Station Oceana : Master jet base on the East Coast
This concentration of military families means Virginia family law attorneys regularly handle military divorces, and Virginia courts have developed expertise in addressing the unique issues these cases present.
How Does Military Divorce Differ From Civilian Divorce?
Military divorces operate under both federal and state law, creating additional complexity. Federal laws govern certain aspects, including:
- Servicemembers Civil Relief Act (SCRA): Protects active duty military members from default judgments
- Uniformed Services Former Spouses' Protection Act (USFSPA): Governs division of military retired pay and benefits
- Federal regulations: Control military benefits, commissary and exchange privileges, and healthcare
Virginia state law governs other aspects, including:
- Grounds for divorce
- Property division
- Spousal support
- Child custody and visitation
- Child support calculations
This dual framework requires working with a family law attorney experienced in military divorces who understands how federal and state laws interact.
Special Protections for Service Members
The Servicemembers Civil Relief Act of 2003 (SCRA) provides important protections for active duty military members facing divorce. The SCRA allows service members to stay (postpone) court proceedings if military service materially affects their ability to defend their interests.
- Courts must grant at least a 90-day stay if requested by the service member
- Additional stays may be granted at judicial discretion
- Protection applies when military duties prevent the service member from appearing
- Prevents default judgments against service members unable to respond due to military service
These protections ensure military members aren't disadvantaged in divorce proceedings due to deployments, training, or other military obligations preventing their participation.
What Are Virginia's Jurisdiction Rules for Military Divorce?
To file for divorce in Virginia, at least one spouse must meet residency requirements. For military couples, Virginia law provides flexibility:
One spouse must have lived in Virginia for at least six months before filing for divorce.
Military exception : For military families, residency includes:
- Living in Virginia while stationed there
- Being stationed on a military base in Virginia
- Being stationed on a ship with home port in Virginia
- Residing in Virginia immediately before deployment
This means a service member stationed at Naval Station Norfolk or a spouse living in Virginia Beach while their partner deploys qualifies for Virginia jurisdiction even if their legal residence is elsewhere.
Where to File
The spouse requesting divorce typically files in the jurisdiction where they reside. For military divorces, either spouse may file in Virginia if:
- The military member is currently stationed in Virginia, or
- Either spouse has resided in Virginia for six months, or
- The service member was stationed in Virginia immediately before current deployment
This flexibility accommodates military families' mobile lifestyle and ensures access to divorce courts despite frequent relocations.
Competing Jurisdiction Issues
Military families may have connections to multiple states simultaneously—perhaps maintaining legal residence in one state for tax purposes while stationed in Virginia. This can create competing jurisdiction claims.
Courts determine jurisdiction based on:
- Where the parties actually reside
- Where the military member is stationed
- Where children primarily live
- Which state has the most significant connection to the marriage
An experienced military divorce attorney helps navigate these jurisdiction questions to file in the most advantageous venue.
How Is Military Retired Pay Divided?
The Uniformed Services Former Spouses' Protection Act (USFSPA) is the federal law authorizing state courts to treat military retired pay as marital property subject to division in divorce. Before the USFSPA, military retirement was considered a federal entitlement not subject to state property division laws.
- Permits states to treat disposable military retired pay as marital property
- Allows division for property settlement purposes
- Permits garnishment for alimony and child support obligations
- Provides direct payment options from the Defense Finance and Accounting Service (DFAS)
"Disposable military retired pay" means monthly retired pay minus certain qualified deductions. Virginia courts can divide this disposable retired pay as part of equitable distribution.
The 10/10 Rule
The 10/10 rule under USFSPA determines whether the former spouse can receive direct payment from DFAS:
- The military member must have at least 10 years of creditable service
- The marriage must have lasted at least 10 years
- Those 10 years of marriage must overlap with 10 years of military service
Meeting the 10/10 rule means the former spouse can receive their share directly from DFAS rather than relying on the military member to pay voluntarily.
Not meeting the 10/10 rule doesn't prevent the division of military retired pay; Virginia courts can still award the former spouse a share. However, the military member must pay it directly rather than DFAS making automatic payments.
Calculating the Marital Share
Virginia uses the coverture fraction to calculate what portion of military retirement qualifies as marital property:
Formula : (Months of marriage during creditable service) ÷ (Total months of creditable service) = Marital portion
- Service member serves 20 years (240 months) total
- Married for 15 years (180 months) during that service
- Marital portion = 180 ÷ 240 = 75%
The court then divides this marital portion equitably (not necessarily 50/50) based on equitable distribution factors. Often, the former spouse receives 50% of the marital portion, but courts can award more or less based on circumstances.
Survivor Benefit Plan (SBP)
The Survivor Benefit Plan allows retired service members to provide a continued income to beneficiaries if the retiree dies. The USFSPA permits courts to order military members to designate former spouses as SBP beneficiaries.
Many divorce decrees require military members to maintain SBP coverage for former spouses, particularly when the former spouse depends on retirement income for financial security.
The 20/20/20 Rule
The 20/20/20 rule determines eligibility for full military benefits after divorce. A former spouse qualifies if:
- The service member served at least 20 years of creditable service
- The marriage lasted at least 20 years
- At least 20 years of marriage overlapped with military service
Benefits for 20/20/20 spouses include
- Full commissary and exchange privileges (shopping at military stores)
- Full TRICARE health coverage for life (or until remarriage)
- Access to base facilities and services
- Continued military ID card
These benefits cost the military member nothing; they're provided directly by the Department of Defense to qualifying former spouses.
The 20/20/15 Rule
The 20/20/15 rule provides limited benefits when marriage doesn't quite reach 20 years of overlap:
- The service member served at least 20 years of creditable service
- The marriage lasted at least 20 years
- At least 15 years of marriage overlapped with military service (but less than 20)
Benefits for 20/20/15 spouses include
- One year of transitional TRICARE coverage after divorce
- No commissary or exchange privileges
- Coverage ends after one year, regardless of remarriage status
This provides temporary health insurance while the former spouse arranges alternative coverage, but offers significantly fewer benefits than 20/20/20 status.
Timing Considerations
Many military couples strategically time their divorce to reach 20/20/20 or at a minimum 20/20/15 status:
Example : A couple married 19 years, where the service member has served 21 years, might agree to delay finalizing the divorce until they reach the 20-year marriage milestone, qualifying the spouse for benefits.
Since these benefits cost the military member nothing, many service members agree to wait if divorce isn't urgent. The calculation runs from the date of marriage to the date of the final divorce decree, not the separation date, so couples can separate while remaining legally married until they reach the threshold.
How Does Deployment Affect Divorce Proceedings?
When a service member is deployed, or on active duty orders, the Servicemembers Civil Relief Act allows them to request a stay (postponement) of divorce proceedings. This prevents the divorce from moving forward while the service member cannot meaningfully participate.
Requirements for stay:
- Service member must be on active duty
- Military service must materially affect the ability to appear
- The service member must submit a written request
- Courts must grant at least 90 days initial stay
Additional stays may be granted based on ongoing military obligations. This protects service members from default judgments or unfavorable outcomes when deployments prevent their participation.
Impact on Separation Requirements
Virginia's no-fault divorce requires living separate and apart for either six months (without children and with a separation agreement) or one year (with children or without agreement). Deployment time counts toward separation as long as at least one spouse intended the separation to be permanent.
However, if spouses reconcile when the service member returns from deployment and resume marital relations, this breaks the separation period, requiring it to start over.
Service of Process Challenges
Serving divorce papers on a deployed service member can be challenging. Options include:
- Service at APO/FPO address (military postal system)
- Service through the commanding officer
- Acceptance of service via signed waiver
- Service at the military legal assistance office
Working with a military divorce attorney ensures proper service even when the service member is overseas or in remote locations.
How Are Child Custody and Visitation Determined?
Virginia courts determine child custody and child support based on the child's best interests, considering factors including:
- Each parent's relationship with the child
- Each parent's ability to meet the child's needs
- Stability of living arrangements
- Each parent's mental and physical condition
- Any history of abuse or domestic violence
Unique Military Considerations
Military service creates unique custody challenges:
Deployment schedules
Courts recognize that military parents may be unavailable for months or years due to deployments. This doesn't automatically disqualify them from custody, but courts often award primary physical custody to the non-military spouse while the service member is deployed.
Frequent relocations
Military families move frequently based on permanent change of station (PCS) orders. Courts consider stability when determining custody, sometimes favoring the non-military spouse who can provide consistent schooling and community connections.
Unpredictable schedules
Training exercises, temporary duty assignments, and last-minute deployments make consistent parenting schedules difficult for military members.
Family Care Plans
Military regulations require single parents and dual military families to maintain Family Care Plans identifying who will care for dependent children during deployments. Upon separation or divorce, military members with custody become single parents requiring current Family Care Plans.
These plans must identify:
- Short-term caretaker (for temporary absences)
- Long-term caretaker (for deployments)
- Financial arrangements for child care
- Legal documents granting caretaker authority
Courts may consider Family Care Plans when evaluating custody arrangements, ensuring children have stable care during military parents' absences.
Custody Jurisdiction Issues
Child custody jurisdiction follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which requires cases be heard in the child's "home state", where the child has lived for six consecutive months.
For military families moving frequently, determining the child's home state can be complex. Courts consider:
- Where the child currently lives
- Where the child has significant connections
- Which state has substantial evidence about the child's care
Military families stationed overseas may face particularly complex jurisdiction issues, potentially requiring custody determinations in foreign courts if the child lives abroad.
How Is Marital Property Divided in Military Divorce?
Virginia follows equitable distribution , dividing marital property fairly rather than equally. Courts consider factors including:
- Contributions of each spouse to the marriage
- Duration of the marriage
- Age and physical/mental condition of spouses
- Circumstances contributing to dissolution
- Each spouse's earning capacity and financial resources
- Tax consequences of division
Length of the Marriage Considerations
The length of the marriage significantly impacts property division in military divorces. Longer marriages typically result in a more equal division of military retirement pay and other marital assets.
Courts recognize that spouses in long military marriages often sacrificed careers to support the service member's military obligations, justifying larger shares of military retirement and other marital property.
Can Military Spouses Receive Spousal Support?
Virginia courts may award spousal support based on numerous factors including:
- Standard of living during marriage
- Duration of the marriage
- Age and physical/mental condition of spouses
- Financial resources and earning capacity of each spouse
- Contributions to the marriage (monetary and nonmonetary)
- Property division
- Circumstances contributing to the dissolution
Duration of Support
The length of the marriage influences spousal support duration. Longer military marriages where one spouse sacrificed career advancement to support the military member's service often result in longer-duration or even permanent spousal support awards.
What Should You Know About Legal Representation?
Military divorces involve complexities not present in civilian divorce:
- Federal laws (SCRA, USFSPA) intersect with state law
- Military retired pay division calculations
- Understanding military benefits eligibility rules
- Deployment impacts on proceedings and custody
- Jurisdiction issues with mobile military families
- Military-specific income and allowances
A family law attorney with extensive military divorce experience understands these unique issues and can protect your rights effectively.
Free Military Legal Assistance
Military members and their spouses have access to free legal assistance through base legal offices. These attorneys can:
- Provide general legal information
- Review documents
- Explain military divorce issues
- Assist with simple, uncontested divorces
However, military legal assistance attorneys cannot represent you in contested divorce proceedings. For contested cases or complex issues, you need to hire a civilian family law attorney.
Questions to Ask Potential Attorneys
When seeking representation for military divorce, ask:
- How many military divorces have you handled?
- Are you familiar with SCRA and USFSPA?
- Do you understand military retired pay division?
- Have you handled cases involving deployed service members?
- Do you know how to calculate military income including allowances?
- Are you familiar with 20/20/20 and 20/20/15 rules?
Choose an attorney with proven experience in military divorces who can navigate both federal and state law effectively.
Moving Forward with Virginia Military Divorce
Virginia divorce patterns in military marriages reflect the unique challenges military families face when marriages end. From federal laws protecting service members to the complex division of military retired pay, from custody challenges created by deployments to benefits eligibility determined by marriage length and service overlap, military divorces require specialized knowledge and strategic planning.
Working with an experienced family law attorney who regularly handles military divorces ensures you receive knowledgeable guidance through this complex process. Whether your case involves active duty deployments requiring SCRA protections, division of substantial military retired pay accumulated over 20+ years of service, or custody arrangements accommodating military obligations, proper legal representation makes the difference between protecting your future and facing unnecessary disadvantages.
Virginia's significant military presence means family law attorneys throughout the Commonwealth regularly handle these cases, developing expertise in addressing the challenges military families face during divorce.