You joined the military, and while stationed on your base, you met the love of your life. After getting married and dreaming of a future together, orders suddenly came for a relocation—possibly to another state or even overseas. Suddenly, difficult decisions loomed: would your spouse move with you, leaving behind a life and career they had built, or would you spend months—or even years—apart?
It might sound like the plot of a movie, but for military couples, this is reality. Constant relocations, unpredictable schedules, and long deployments can place enormous strain on even the strongest relationships. Over time, the emotional distance, stress, and demands of military life can become overwhelming, sometimes pushing couples toward divorce despite their best efforts.
At Shaffer Family Law, we recognize that all relationships present challenges, but military marriages face unique pressures that civilian couples often do not encounter. While a military divorce follows the same basic legal steps as any divorce, it also presents its own set of complexities. If you’re a service member or the spouse of one, understanding what to expect can make a significant difference as you navigate this process and plan for your future.
Challenges of Military Divorce in Arizona
- Jurisdiction: To file for divorce in Arizona, at least one spouse must be a permanent resident or have lived (domiciled) in the state for at least 90 days. Because military service members are often stationed elsewhere, it’s important to ensure you file in the correct jurisdiction to avoid dismissals, delays, and additional costs.
- Servicemembers Civil Relief Act (SCRA): The SCRA protects deployed service members by requiring that divorce proceedings be postponed until 60 days after their return—or that the service member waives this right.
- Property Division : Arizona is a community property state, meaning assets and debts acquired during the marriage are typically split equally. For military couples, this may include retirement benefits, real estate, and investments. However, frequent relocations and housing allowances can complicate what constitutes marital property.
- Military Pensions & Retirement Pay: Under Arizona and federal law, only the portion of a military pension or retirement pay earned during the marriage is considered marital property. Guidelines, such as the 10/10 or 20/20/20 rules, determine how these benefits are divided between spouses.
- Spousal Maintenance & Custody Considerations: Calculating alimony and child support can be complex for military families, as income sources such as housing allowances or special pay may impact the amounts. Deployments and frequent relocations can also influence custody arrangements. Courts weigh the child’s best interests while taking into account the unique demands of military life.
- Benefits & Healthcare: A former spouse’s access to TRICARE, base privileges, and other military benefits depends on the length of the marriage and overlap with the service member’s military career.
Experienced Military Divorce Attorneys in Chandler, Arizona
Divorce is never easy, but when it involves a military member, the stakes are even higher. Every aspect of a military divorce—from where you can file to dividing benefits, pensions, and calculating child support—requires careful attention and expertise. At Shaffer Family Law, our attorneys guide you through these complexities with a deep understanding of both family law and federal regulations, helping you protect your rights and achieve the best possible outcome at every step.
If you are a service member, the soon-to-be-ex spouse of one, or both, taking control of your options is the first step toward achieving a fair resolution and a secure future. Contact us today at Shaffer Family Law or schedule your consultation online, and let’s work together to map out the best path forward.