Las Vegas Military Divorce Lawyer

What Makes Military Divorce Different

Military divorces raise issues that rarely come up in civilian cases, including:

• Jurisdiction and filing location— determining whether to file where the service member is stationed, their legal residence, or where the spouse lives
• Military retirement division— federal law governs how military pensions can be divided as marital property
• Servicemembers Civil Relief Act (SCRA) protections— deployed service members have specific legal protections against default judgments and can request delays in proceedings
• TRICARE and other benefits— eligibility for continued military health coverage depends on the length of the marriage and service overlap
• Deployment and custody— parenting schedules need built-in flexibility for deployments, training, and frequent relocations
• Basic Allowance for Housing (BAH) and special pays— these can factor into income calculations for support

Dividing Military Retirement Pay

The Uniformed Services Former Spouses Protection Act (USFSPA) allows state courts to treat military retirement pay as marital property, subject to Nevada’s community property rules for the portion earned during the marriage. A common misconception is that a marriage must last at least 10 years before a former spouse is entitled to any share of retirement pay — in reality, the 10-year overlap rule only determines whether payments can be made directly through the Defense Finance and Accounting Service (DFAS) rather than through the service member.

TRICARE and Military Benefits After Divorce

Continued eligibility for full TRICARE coverage generally depends on the 20/20/20 rule: at least 20 years of marriage, at least 20 years of creditable military service, and at least 20 years of overlap between the two. Marriages that fall short of this threshold may still qualify for limited transitional coverage. Cohen Fic & Squires helps clients understand exactly where their situation falls and what benefits may be preserved or lost.

Deployment, Relocation, and Custody

Nevada courts can build deployment contingency provisions directly into a custody order, addressing who exercises parenting time while a service member is deployed, how communication with the child is maintained, and how the regular schedule resumes upon return. These provisions help both parents avoid returning to court every time military orders change.

Protections for Deployed Service Members

The SCRA protects active-duty service members from being divorced by default while deployed or otherwise unavailable due to military service. Courts have the authority to stay proceedings for a period of time so a deployed service member has a fair opportunity to respond and participate in their case.

Why Choose Cohen Fic & Squires for Your Military Divorce

• In-depth knowledge of USFSPA, DFAS procedures, and military pension division orders
• Experience building deployment-flexible custody arrangements that hold up over time
• Clear guidance on TRICARE, SBP, and other military benefit eligibility after divorce
• Familiarity with SCRA protections for active-duty clients and their spouses
• Representation for military families throughout Las Vegas, Henderson, and Clark County

Frequently Asked Questions

How is a military divorce different from a civilian divorce?

A military divorce involves additional layers not present in most civilian cases, including federal rules on dividing military retirement pay, protections against default judgments for deployed service members, and coordination of custody schedules around deployments and frequent relocations.

Where can I file for a military divorce?

Generally, a divorce can be filed in the state where the service member is stationed, their legal state of residence, or the state where the spouse lives, provided residency requirements are met. Nevada is a common filing location for service members stationed at local military installations.

How is military retirement pay divided in a divorce?

The Uniformed Services Former Spouses Protection Act allows state courts to treat military retirement pay as marital property subject to division. Nevada’s community property rules generally apply to the portion of retirement earned during the marriage, and a military pension division order is used to implement the split.

Does my ex-spouse keep TRICARE benefits after a military divorce?

A former spouse may retain full TRICARE coverage if the marriage lasted at least 20 years, the service member had at least 20 years of creditable service, and there was at least a 20 year overlap between the marriage and the service, commonly called the 20/20/20 rule. Shorter overlaps may qualify for limited transitional coverage.

Can a deployed service member be divorced without their knowledge?

The Servicemembers Civil Relief Act protects deployed service members from default judgments being entered against them without proper notice, and courts can stay proceedings while a service member is unavailable due to military duty.

How does deployment affect child custody arrangements?

Nevada courts can build deployment contingency provisions into a custody order, addressing how parenting time is handled during deployment, who exercises custody in the deploying parent’s absence, and how the schedule resumes upon return.

Do I need 10 years of marriage to get a share of military retirement?

No. A common misconception is that 10 years of marriage is required to receive any share of military retirement. The 10 year overlap rule actually determines whether payments can be made directly from the Defense Finance and Accounting Service rather than through the service member, not whether the former spouse is entitled to a share at all.