Military divorce attorney Michelle Hauser at Hauser Family Law in Henderson helps Las Vegas area service members and their spouses navigate the unique legal issues that arise when a marriage involving active duty, reserve, or retired military personnel ends in divorce under Nevada law.
How Military Divorce Differs from Civilian Divorce in Nevada
Military divorces involve layers of federal law that intersect with Nevada’s community property rules. Key issues include: division of military retirement pay (governed by the Uniformed Services Former Spouses’ Protection Act — USFSPA), access to TRICARE health benefits for the former spouse, the Servicemembers Civil Relief Act (SCRA) which can pause divorce proceedings during deployment, continued base housing and commissary privileges, and jurisdictional questions when service members are stationed outside Nevada.
Military Retirement Pay Division in Nevada
Military retirement pay is treated as marital property in Nevada and is subject to division in divorce. The USFSPA allows states to divide military retirement pay using state community property rules. To receive direct payment from the Defense Finance and Accounting Service (DFAS), the former spouse must have been married to the service member for at least 10 years overlapping with at least 10 years of military service (the “10/10 rule”). An attorney can help you draft a qualifying court order that DFAS will honor.
TRICARE Eligibility After Military Divorce
A former military spouse may retain TRICARE health coverage under the “20/20/20 rule” — married 20 years, service member served 20 years, with at least 20 years of overlap. Under the “20/20/15 rule” (20-year marriage, 20 years of service, 15 years overlap), the former spouse may receive transitional TRICARE coverage for one year after the divorce. Former spouses who do not qualify for ongoing TRICARE may purchase coverage through the Continued Health Care Benefit Program (CHCBP).
Child Custody in Military Divorce
Custody arrangements in military divorces must account for the possibility of deployment and relocation. Nevada courts can create “deployment contingency plans” as part of a custody order, specifying how parental rights and responsibilities will be allocated during deployment. If a service member is relocated to another base, Nevada’s relocation provisions under NRS 125C.006 may apply. Courts recognize the unique demands of military service and try to craft arrangements that honor both duty and the child’s need for stability.
Contact Hauser Family Law for a consultation on military divorce. Michelle Hauser serves active duty, reserve, and retired service members and their families throughout Henderson, Las Vegas, and Clark County. Call (702) 867-8313 today.
Jurisdiction in Military Divorce Cases
Jurisdiction can be a significant complication in military divorce. Nevada has jurisdiction when either spouse is domiciled in Nevada, meaning they consider Nevada their permanent home regardless of where they are currently stationed. Many service members stationed at Nellis Air Force Base, Nevada Army National Guard installations, or Nevada Air National Guard units maintain Nevada as their domicile. Spouses who moved to Nevada with a service member may also establish Nevada domicile. If both spouses live in different states or countries due to the service member’s assignments, determining the most advantageous state in which to file — and whether Nevada courts will accept jurisdiction — requires careful legal analysis before filing.
Frequently Asked Questions
Does Nevada law apply to my military divorce? Both federal law and Nevada state law apply to military divorces. Federal statutes like the USFSPA and SCRA govern retirement pay division and deployment protections. Nevada’s community property rules govern general marital asset division. A military divorce attorney must be fluent in both frameworks to protect your rights fully.
Can I divorce a deployed spouse in Nevada? You can file for divorce while your spouse is deployed, but the SCRA allows the deployed service member to request a stay of proceedings. Courts typically grant a minimum 90-day pause. However, the divorce is not permanently blocked — proceedings resume once the stay period ends or the service member waives the SCRA protection.
What happens to VA disability benefits after military divorce? VA disability compensation belongs solely to the service member and is generally not divisible in divorce. However, it can affect how military retirement pay is calculated for division purposes under federal law. This intersection between disability pay and retirement pay is a complex area where experienced military divorce counsel is essential.