Military divorces in Nevada present unique legal issues not found in civilian divorces — federal law governs division of military retirement pay, health coverage, and other benefits, intersecting with Nevada’s community property rules in ways that require specialized knowledge. Las Vegas has a significant military population connected to Nellis Air Force Base and the Nevada National Guard, making military divorce a common issue in Clark County family law courts. Hauser Family Law handles military divorce matters in Las Vegas with an understanding of both state and federal law.
Service Member’s Civil Relief Act (SCRA) Protections
The Servicemembers Civil Relief Act (SCRA) protects active duty service members from civil litigation that could disadvantage them due to military service obligations. A deployed or otherwise duty-committed service member can request a stay (postponement) of divorce proceedings for the period of active duty and 90 days after. This protection prevents a divorce from proceeding to final judgment while the service member cannot meaningfully participate. It also protects against default judgments — a default cannot be entered against a service member without specific SCRA compliance procedures. Understanding these protections is essential for both the service member (who should assert them promptly) and the civilian spouse (who must comply with them).
Dividing Military Retirement Under the USFSPA
The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military retirement pay is divided in divorce. Under the USFSPA, states may treat military retirement pay as marital property subject to division — and Nevada does. The community property share of military retirement is calculated using the “time rule”: months of marital service (months the service member was both married and on active duty during the marriage) divided by total months of service at retirement. The civilian spouse’s share is 50% of the marital fraction of the retirement benefit. To receive direct payment from the Defense Finance and Accounting Service (DFAS), the marriage must have lasted at least 10 years of which the service member served on active duty for at least 10 years (the “10/10 rule”). If the 10/10 rule is not met, the civilian spouse can still receive their share of the retirement as ordered by the court — but payment comes from the service member directly, not from DFAS. Military retirement benefits are not divided through a QDRO like civilian pension plans — a Military Retired Pay Order or similar court order is submitted directly to DFAS.
Military Health Coverage (TRICARE) After Divorce
TRICARE eligibility for the civilian former spouse after divorce depends on the “20/20/20 rule”: the service member must have at least 20 years of creditable service; the marriage must have lasted at least 20 years; and the 20 years of service must overlap with the 20 years of marriage by at least 20 years. Meeting all three requirements provides the former spouse with continued TRICARE eligibility. If the requirements are not met, the former spouse may be eligible for a transitional TRICARE period (36 months in some circumstances). COBRA continuation through the military’s TRICARE COBRA equivalent may also be available for a limited period.
Military Housing, BAH, and Temporary Support
While the divorce is pending, Nevada courts can order temporary support including orders directing the service member to continue housing allowance (BAH) payments to the civilian spouse if the parties are separated. Military regulations themselves may require some financial support to the family during separation, independent of court orders.
Contact Hauser Family Law for Military Divorce in Las Vegas
Hauser Family Law understands the intersection of federal military law and Nevada community property rules. Call (702) 706-1083 for a consultation about your Las Vegas military divorce.