Military divorce cases in Las Vegas and Clark County involve federal law overlays that do not apply to civilian divorces — the Uniformed Services Former Spouses Protection Act (USFSPA), the Servicemembers Civil Relief Act (SCRA), federal military benefits rules, and the jurisdictional requirements for military pension division create a specialized legal framework that requires family law attorneys with specific military divorce knowledge. Nellis Air Force Base and the Las Vegas military community generate a significant volume of military divorce cases in Clark County family court. Hauser Family Law represents Las Vegas military spouses and servicemembers in Nevada military divorce proceedings with knowledge of the federal law issues that civilian divorce attorneys often overlook.
USFSPA Military Pension Division, The 10/10 Rule for Direct DFAS Payment, SCRA Protections for Deployed Servicemembers, BAH and BAS Income in Nevada Child Support Calculations, VA Disability Offset and Limitations on Military Pension Division, Survivor Benefit Plan Election Deadlines, Tricare Eligibility After Military Divorce, and Nevada Family Court Jurisdiction Over Military Divorce
USFSPA military pension division: the Uniformed Services Former Spouses Protection Act authorizes Nevada family courts to treat military retired pay as marital property subject to community property division. The division is accomplished through a Qualified Domestic Relations Order equivalent (called a court order acceptable for processing, or COAP) submitted to the Defense Finance and Accounting Service (DFAS) after the Las Vegas divorce is finalized. The 10/10 rule: DFAS will make direct payment of military pension division to the former spouse only when the marriage overlapped with at least 10 years of creditable military service. Marriages that do not meet the 10/10 threshold can still divide the military pension in the divorce, but the servicemember must make voluntary payments to the former spouse rather than DFAS making direct payments. VA disability offset: military retirees who waive a portion of their retired pay to receive tax-free VA disability compensation reduce the DFAS payment that the former spouse receives if the divorce order provides for a percentage share of retired pay. The Supreme Court decision in Howell v. Howell (2017) held that Nevada family courts cannot require servicemembers to indemnify former spouses for VA waiver reductions, a limitation that Las Vegas military divorce attorneys must plan around in USFSPA orders. BAH and BAS income: Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) received by a Las Vegas servicemember are includable in gross income for Nevada child support calculation purposes under NRS 125B.070. SCRA protections: a deployed servicemember who cannot appear in Las Vegas divorce proceedings is protected by the Servicemembers Civil Relief Act, which allows courts to stay proceedings for the period of military service. Survivor Benefit Plan election: the Survivor Benefit Plan (SBP) must be elected within one year of the final divorce decree to protect the former spouse benefit, and the election deadline is a critical planning issue in Las Vegas military divorce cases. Hauser Family Law counsels Las Vegas military divorce clients on the full range of federal law issues affecting their Nevada divorce.