Divorce creates challenges, and military service adds extra complications. You must understand how to protect your assets and rights under Colorado law. Military pensions, benefits, and property division follow different rules than civilian divorces.
Understanding the Uniformed Services Former Spouses’ Protection Act
The Uniformed Services Former Spouses’ Protection Act (USFSPA) determines how military pensions divide in divorce. Colorado courts classify military retirement pay as marital property, allowing a portion to go to your spouse. The 10/10 rule requires at least 10 years of marriage during military service for the Defense Finance and Accounting Service (DFAS) to issue direct payments to a former spouse.
Property division under Colorado law
Colorado follows equitable distribution laws, meaning courts divide assets fairly, though not always equally. Courts consider factors such as the length of the marriage, each spouse’s financial situation, and contributions to the marriage. Military housing allowances and other benefits also influence property division decisions.
Protecting your military benefits
Divorce decrees may grant a former spouse Survivor Benefit Plan (SBP) coverage. To maintain control over your benefits, specify SBP terms in the divorce decree. Tricare health coverage presents another concern. A former spouse may qualify for full Tricare benefits under the 20/20/20 rule if the marriage lasted at least 20 years with 20 years of military service.
Child custody and support considerations
Military service affects child custody arrangements. Deployments and frequent moves complicate parenting plans. Colorado courts prioritize the child’s best interests, emphasizing stability and parental involvement. Child support calculations follow state guidelines, incorporating military allowances like Basic Allowance for Housing (BAH) in the final amount.
Taking proactive steps
Gather financial records, understand your entitlements, and ensure the divorce decree specifies benefit distribution. Proper planning protects your assets and rights during a military divorce.