Military divorce in Nevada involves unique legal considerations that civilian divorce does not. If you or your spouse is an active duty service member, reservist, or retired military, Hauser Family Law has experience navigating the federal and state laws that govern military divorce in Las Vegas and throughout Clark County.
Federal Laws Governing Military Divorce
Several federal statutes apply to military divorce. The Servicemembers Civil Relief Act (SCRA) allows active duty service members to request a stay of divorce proceedings. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs the division of military retired pay. The Survivor Benefit Plan (SBP) covers survivor benefits for divorced spouses. Learn more at defense.gov.
Military Retired Pay and the 10/10 Rule
Under the USFSPA, Nevada courts can divide military retired pay as marital property. The 10/10 rule means that DFAS (Defense Finance and Accounting Service) will only pay the former spouse directly if the marriage lasted 10 years overlapping with 10 years of creditable military service. A shorter marriage can still result in division of military retired pay — it is just paid through the service member directly.
Military Housing, BAH, and Child Support
Basic Allowance for Housing (BAH) and other military allowances are considered income for child support purposes under Nevada law. The court will include all income sources when calculating support obligations.
Jurisdiction and Residency Issues
Military families frequently move. Nevada may still be the proper jurisdiction for your divorce if the service member claims Nevada as their home of record or if the non-military spouse is a Nevada resident.
Contact Hauser Family Law: hauserfamilylaw.com. Call (702) 867-8313. Free consultation.