Divorce involving military families in Colorado presents distinct legal and logistical challenges not typically seen in civilian cases. With multiple bases including Fort Carson, Buckley Space Force Base, and the U.S. Air Force Academy located in the state, Colorado courts handle a significant number of divorces involving active-duty service members, veterans, and their spouses. Understanding the intersection of military benefits, residency rules, and federal statutes is essential to navigating these complex proceedings.
Unique Legal Landscape for Military Divorces
Military divorces in Colorado are governed by both state law and federal statutes, particularly the Uniformed Services Former Spouses’ Protection Act (USFSPA). While Colorado follows an equitable distribution model for dividing marital assets, including military retirement pay, federal law limits how and when those benefits may be divided.
Under the USFSPA, a Colorado court may treat military retirement pay as marital property subject to equitable distribution, but only if it has proper jurisdiction over the service member. This usually means the military member must reside in Colorado (other than by military orders), consent to the court’s jurisdiction, or be served within the state.
Residency and Jurisdiction
To file for divorce in Colorado, one spouse must have been a resident of the state for at least 91 days. Active-duty members stationed in Colorado may qualify if they consider Colorado their legal residence. However, jurisdictional rules can be complex when deployment, reassignment, or residence in multiple states is involved.
Division of Military Pensions
Military pensions are among the most valuable assets in a divorce. In Colorado:
- Retirement benefits are typically divisible if the service member and spouse were married during the service period.
- Colorado courts use the “time rule formula” to calculate the share of retirement pay considered marital property.
- The Defense Finance and Accounting Service (DFAS) will only make direct payments to a former spouse if the couple was married for at least 10 years overlapping with 10 years of service (the 10/10 rule).
Even if the 10/10 rule is not met, the court can still award a share of retirement, though it must be paid directly by the service member.
Health Care and Commissary Privileges
Former spouses may retain military healthcare and base privileges if they meet the 20/20/20 rule:
- 20 years of marriage
- 20 years of military service
- 20 years of overlap
If the overlap is only 15 years (20/20/15 rule), they may receive one year of transitional health coverage but lose commissary access.
Child Support and BAH
Child and spousal support in military divorces follows Colorado child support guidelines but considers military pay elements such as:
- Basic Pay
- Basic Allowance for Housing (BAH)
- Basic Allowance for Subsistence (BAS)
Military members may be subject to involuntary allotment if support obligations are unmet. DFAS plays a role in enforcing such payments.
Differences from Civilian Divorces
Military divorces are subject to both Colorado state family law and a distinct set of federal military regulations, making them inherently more complex than standard civilian divorces. These distinctions impact nearly every aspect of the divorce process, from asset division to custody arrangements.
Division of Military Retirement and Benefits
Unlike civilian retirement accounts, military pensions require specific calculations to determine the marital share eligible for division. Colorado courts apply the “time rule” formula, which considers the overlap between years of marriage and years of military service. This often requires careful analysis of service records and benefit accrual rates.
Additionally, while military pensions may be divided as marital property under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Veterans Affairs (VA) disability compensation is exempt from division by state courts. This creates complications when the service member’s retirement is partially or entirely offset by disability pay, reducing the former spouse’s share unless indemnified by the court.
Unique Compensation Structures
Military compensation includes multiple components: Basic Pay, Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), and other special pays, which must be fully evaluated during spousal support and child support determinations. Civilian compensation, by contrast, tends to be more straightforward, consisting primarily of base wages and optional benefits.
Colorado courts are tasked with ensuring these military-specific earnings are accurately reflected in financial disclosures and factored into ongoing support obligations. Misunderstandings in this area can result in either under- or overestimations of income.
Custody and Parenting Time During Deployment
One of the most significant differences in military divorces lies in custody and parenting arrangements. Unlike civilian families, military parents often face:
- Frequent relocations, known as Permanent Change of Station (PCS) moves
- Temporary Duty Assignments (TDY), sometimes lasting several months
- Overseas deployments under unpredictable timelines
To accommodate these disruptions, Colorado family courts often require detailed parenting plans with deployment contingency clauses. These plans may include:
- Delegation of parenting time to a close relative during deployment
- Virtual visitation agreements to preserve parent-child contact
- Provisions for “make-up time” when the deployed parent returns
Furthermore, the Servicemembers Civil Relief Act (SCRA) may be invoked to delay certain court proceedings if a service member's deployment interferes with their ability to appear or respond, something not applicable in civilian divorces.
Jurisdictional Complexities
In civilian cases, both parties typically reside in the same state, simplifying jurisdictional issues. However, military divorces often involve spouses living in different states, or even countries, due to active-duty assignments.
Colorado courts must establish personal jurisdiction over the service member to divide certain benefits. This requires the member to either reside in Colorado by choice (not merely by assignment), be served within the state, or consent to jurisdiction. If jurisdiction is not properly established, Colorado courts may proceed with some aspects of the divorce, but cannot divide military pensions or issue enforceable support orders involving DFAS.
Impact on Healthcare and Commissary Rights
While civilian spouses lose healthcare coverage upon divorce unless covered by COBRA or a private plan, military spouses may qualify for extended benefits under the 20/20/20 or 20/20/15 rules. These federal rules, unique to military divorces, allow long-term or transitional access to TRICARE health insurance, base access, and commissary privileges under strict eligibility criteria.
Trends and Patterns in Colorado Military Divorces
Military marriages in Colorado face stressors not commonly seen in civilian households. These include:
- Frequent relocations disrupt careers and social support networks
- Long deployments that strain communication and intimacy
- Heightened rates of PTSD and mental health challenges
According to Department of Defense data, military divorce rates hover around 3%, with female service members experiencing higher divorce rates than their male counterparts. Colorado’s military-heavy counties, such as El Paso (home to Fort Carson) and Arapahoe (near Buckley SFB), report above-average rates of military divorce filings, suggesting a correlation between base location and marital strain.
Protecting Rights During Military Divorce
Because military divorces involve both state and federal legal frameworks, it’s essential to consult with an attorney who understands:
- The application of USFSPA
- DFAS procedures for garnishment and retirement distribution
- Rules governing Thrift Savings Plan (TSP) division and Survivor Benefit Plan (SBP) elections
- Custody laws in Colorado courts
Also, proactive steps such as drafting a detailed settlement agreement and working with qualified legal counsel can prevent future disputes regarding benefits and obligations.
Frequently Asked Questions (FAQs) About Military Divorce in Colorado
Do military couples in Colorado follow different divorce laws than civilians?
Yes. While Colorado state law governs the basic divorce process, federal statutes like the USFSPA (Uniformed Services Former Spouses’ Protection Act) and military-specific rules affect key aspects such as:
- Division of military pensions
- Healthcare and commissary benefits
- Jurisdiction over the service member
- Deployment-related custody arrangements
Civilian divorces don’t involve these layered federal protections or compensation structures.
Can a service member be divorced while deployed?
Yes, but special protections apply. Under the Servicemembers Civil Relief Act (SCRA), a service member can request a stay or postponement of divorce proceedings if active duty prevents them from participating.
Courts may delay hearings or deadlines to ensure fairness, especially when deployment limits communication or legal response time.
Can Colorado courts divide military pensions in a divorce?
Yes, Colorado courts may divide military retirement pay if they have jurisdiction. This is allowed under the USFSPA, but only when:
- The service member resides in Colorado voluntarily (not just due to assignment)
- The member is served in the state, or
- The member consents to the court’s jurisdiction
Without proper jurisdiction, the court cannot issue enforceable pension division orders.
What is the 10/10 Rule in military divorce?
The 10/10 Rule refers to the eligibility for direct pension payments from DFAS (Defense Finance and Accounting Service). It requires:
- 10 years of marriage
- Overlapping with 10 years of creditable military service
If this rule is met, DFAS can send the former spouse’s share of retirement pay directly. Otherwise, payments must be made privately by the service member, even if the court awarded a share.
What is the difference between the 20/20/20 and 20/20/15 rules?
These rules determine whether a former military spouse is entitled to benefits after divorce.
- 20/20/20 Rule: If the marriage lasted 20 years, the service was 20 years, and there was 20 years of overlap, the spouse retains lifetime access to:
- TRICARE healthcare
- Base access and commissary
- 20/20/15 Rule: If the overlap is at least 15 years (but less than 20), the former spouse gets:
- One year of transitional healthcare
- No base or commissary access
If neither rule is met, benefits generally end at divorce.
How is child support calculated in a military divorce?
Colorado uses the Income Shares Model, just like in civilian cases. However, military-specific income such as:
- Basic Pay
- Basic Allowance for Housing (BAH)
- Basic Allowance for Subsistence (BAS)
- Special Duty or Hazard Pay
…must all be included in gross income calculations. Courts also consider the service member’s housing situation and dependents when setting support amounts.
What happens to custody if a military parent is deployed?
Colorado courts require detailed parenting plans with deployment provisions, which may include:
- Temporary delegation of parenting time to a trusted relative
- Virtual visitation schedules during deployment
- Make-up parenting time upon return
If custody is already established, a parent can request a modification under changed circumstances related to deployment.
Can a service member's VA disability benefits be divided in a divorce?
No. VA disability compensation is not divisible under USFSPA and cannot be awarded to the former spouse by state courts. However, if the service member waives part of their military retirement to receive tax-free VA disability, this may reduce the spouse’s share of retirement pay.
Courts may indemnify the spouse (i.e., order compensation) to offset this reduction, but enforcement varies.
What is the “time rule formula” for dividing military pensions in Colorado?
The time rule formula determines what portion of the military retirement is considered marital property. It’s based on the:
- Number of years married while serving, divided by
- Total years of military service
That percentage is then multiplied by the retirement benefit amount to calculate the former spouse’s share.
Does the military help service members during divorce?
Yes. Each military branch provides legal assistance services for active-duty members and their families. While these attorneys cannot represent clients in court, they can:
- Explain rights under federal law
- Help draft settlement agreements
- Review court orders for compliance with military regulations
Visit your base legal assistance office for guidance, especially regarding SBP (Survivor Benefit Plan), TSP (Thrift Savings Plan), or DFAS procedures.
Where should I file for divorce if I'm stationed in Colorado but claim residency elsewhere?
You may file for divorce in Colorado if you’ve been stationed here and consider it your legal domicile, or if your spouse meets the 91-day residency requirement.
However, if neither party meets these criteria, or if property or custody disputes are better handled in another state, you may consider filing in your home state instead.