Military marriages face distinct pressures that can influence divorce patterns and outcomes. When service members and their spouses navigate divorce in Nevada, they encounter a complex intersection of state family law and federal military regulations. Understanding these unique factors helps military families prepare for the legal process and protect their rights during this difficult transition.
How Military Service Affects Divorce Rates
Research indicates that military marriages experience higher divorce rates compared to civilian marriages, particularly during periods of active deployment and extended separations. The demands of military service create stressors that can strain even strong relationships.
Deployment and Separation Challenges
Extended deployments separate spouses for months or even years at a time. During these separations, the non-military spouse often assumes complete responsibility for household management, childcare, and financial decisions. This long-term separation creates emotional distance that some couples cannot overcome.
When the service member returns home, both spouses have changed. The military spouse has experienced intense situations that civilian spouses cannot fully understand. Meanwhile, the spouse at home has developed independence and routines that may not include the returning service member. These shifts can create conflict and disconnection.
Frequent Relocations and Instability
Military families typically relocate every few years as service members receive new assignments. These frequent moves prevent the civilian spouse from establishing a stable career, building long-term friendships, and creating community connections. The isolation and career sacrifices can breed resentment over time.
Children also struggle with repeated relocations, changing schools frequently, and losing friends. The stress of helping children adjust while managing household responsibilities often falls primarily on the civilian spouse, creating additional strain on the marriage.
Nevada Residency Requirements for Military Divorce
Understanding residency requirements represents a critical first step when filing for divorce in Nevada. Military service complicates these requirements because service members maintain legal residence in one state while potentially being stationed in another.
Establishing Nevada Residency
Nevada law requires that at least one spouse has lived in Nevada for a minimum of six weeks before filing for divorce. For civilian couples, this requirement is straightforward. For military families, however, determining residency can be more complex.
A service member stationed in Nevada may or may not have established legal residency in the state. The military allows service members to maintain their home state as their legal residence for tax and voting purposes, even while stationed elsewhere. This means a service member could be physically present in Nevada for years without technically being a Nevada resident.
Military Legal Residence Considerations
Nevada courts consider multiple factors when determining whether a service member meets residency requirements. These factors include where the service member claims legal residence for military purposes, where they file state income taxes, where they maintain a driver's license and vehicle registration, and their stated intention regarding permanent residence.
If the service member's spouse is a Nevada resident who has lived in the state for at least six weeks, that spouse can file for divorce in Nevada regardless of where the service member is stationed or maintains legal residence. This provision ensures that civilian spouses have access to divorce proceedings even when their military spouse is deployed or stationed elsewhere.
Federal Protections Under the Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act provides important protections for active duty military members involved in civil proceedings, including divorce. These protections recognize that military service may prevent service members from adequately participating in legal proceedings.
Delays in Divorce Proceedings
Under the SCRA, a service member can request a delay in divorce proceedings if their military duties prevent them from reasonably participating in the case. The court must grant an initial delay of at least 90 days if the service member provides evidence that military service materially affects their ability to appear.
This protection prevents default judgments against service members who cannot respond to divorce complaints due to deployment or military obligations. If a service member fails to appear in court, the judge cannot simply grant the divorce and award everything the other spouse requested. Instead, the court must appoint an attorney to represent the absent service member's interests and delay the proceedings.
Virtual Appearance Options
Nevada has modernized its court system to accommodate military schedules. Most Nevada courts now allow virtual appearances for hearings and conferences. This technology enables deployed service members to participate in their divorce proceedings via video conference, reducing the impact of distance and deployment on their ability to protect their interests.
Division of Military Pensions and Retirement Benefits
Military pensions represent one of the most valuable assets in many military divorces. Understanding how Nevada law treats these benefits is essential for both the service member and the civilian spouse.
The Uniformed Services Former Spouses Protection Act
The Uniformed Services Former Spouses Protection Act governs how military retirement pay can be divided in divorce. This federal law gives state courts authority to treat military retirement pay as marital property subject to division under state community property laws.
Nevada is a community property state, meaning assets acquired during marriage are typically divided equally between spouses. The portion of a military pension earned during the marriage is considered community property and subject to equal division.
Calculating the Marital Share
The marital share of a military pension is determined by calculating what portion of the service member's total military service occurred during the marriage. This calculation begins on either the date of marriage or the date the service member entered the military, whichever is later. It ends on the date of separation or the date the divorce petition is filed.
For example, if a service member serves 20 years total and was married for 10 of those years, the marital share would be 50 percent. The civilian spouse would be entitled to half of that marital share, or 25 percent of the total pension.
The 10/10 Rule for Direct Payment
The USFSPA includes an important provision known as the 10/10 rule. This rule allows the Defense Finance and Accounting Service to pay a former spouse's share of military retirement directly to them, rather than requiring the service member to make the payments.
To qualify for direct payment, the marriage must have lasted at least 10 years, and at least 10 years of the marriage must have overlapped with military service creditable for retirement purposes. If the marriage does not meet this threshold, the civilian spouse may still be entitled to a portion of the pension, but must receive payments from the service member rather than directly from DFAS.
Alternative Property Division Approaches
Not every military divorce results in dividing the pension equally. Divorcing couples can negotiate alternative arrangements. The civilian spouse might agree to forgo pension rights in exchange for other marital assets of equal value, such as the family home, savings accounts, or other investments.
Alternatively, the service member might make a lump sum payment to the civilian spouse representing their share of the pension's present value. This approach requires complex calculations to determine the current value of future pension payments, but provides a clean break between the spouses.
Child Custody Challenges in Military Divorce
Child custody arrangements in military divorce must account for the realities of military service, including deployments, temporary duty assignments, and the possibility of permanent change of station orders.
Best Interests Standard with Military Considerations
Nevada courts determine custody based on the best interests of the child. The court considers factors such as the child's relationship with each parent, each parent's ability to provide for the child's needs, the child's adjustment to home and school, and any history of domestic violence.
Military service adds additional considerations. Courts recognize that deployments and military obligations may temporarily prevent a service member from exercising custody. However, courts cannot deny custody solely because a parent's military service may require future deployments or relocations.
Creating Flexible Parenting Plans
Effective parenting plans for military families must build in flexibility to accommodate military obligations. These plans typically address what happens when the service member receives deployment orders, how custody arrangements will change during deployment, whether the civilian spouse has sole custody during deployment or whether the service member's family members can exercise visitation, and procedures for virtual visitation during deployment.
Many plans include provisions for the service member to exercise additional parenting time before and after deployment to maintain parent-child bonding. Courts also frequently order that the service member's custody time automatically resumes upon return from deployment without requiring modification of the custody order.
Family Care Plans Required by the Military
Military regulations require service members with custody responsibilities to develop Family Care Plans. These plans are mandatory when the service member has custody of a child under 19, both parents are service members and share custody, or the service member is the sole caretaker of a child.
The Family Care Plan must identify alternate caregivers who will care for the child during deployments or temporary duty assignments. It must include contact information for these caregivers, arrangements for financial support during the service member's absence, transportation plans for getting the child to the caregiver, and contingency plans in case of the service member's death or incapacity.
Active duty members have 60 days to submit their Family Care Plan to their commanding officer, while reserve members have 90 days. Failure to maintain a current Family Care Plan can result in military discipline.
Spousal Support in Military Divorce
Spousal support, also called alimony, follows the same basic principles in military divorce as in civilian divorces. However, military income and benefits create unique considerations.
Factors Courts Consider
Nevada courts have broad discretion when determining whether to award spousal support and in what amount. They consider each spouse's financial condition, the standard of living during the marriage, the duration of the marriage, each spouse's age and health, each spouse's income and earning capacity, and contributions to the marriage including homemaking and supporting the other spouse's career.
In military divorces, courts also consider military-specific income. This includes basic pay, housing allowances, subsistence allowances, and other special pays the service member receives. These benefits are included as income when calculating the service member's ability to pay support.
Career Sacrifices by Military Spouses
Civilian spouses in military marriages often make significant career sacrifices to support the service member's military career. Frequent relocations make it difficult or impossible to maintain consistent employment or advance in a career. Many military spouses work in jobs below their education or skill level because frequent moves prevent career development.
Courts recognize these sacrifices when determining spousal support. A spouse who gave up career opportunities to follow the service member may receive higher or longer-lasting support to compensate for lost earning capacity and career advancement.
Military Medical Benefits After Divorce
Access to military medical benefits after divorce depends on the length of the marriage, the length of military service, and how much these periods overlap.
The 20/20/20 Rule
The most favorable situation for former spouses involves the 20/20/20 rule. If the marriage lasted at least 20 years, the service member provided at least 20 years of military service creditable for retirement, and the marriage overlapped with military service for at least 20 years, the former spouse retains full military medical benefits after divorce.
Former spouses meeting these criteria can continue using TRICARE and maintain other military benefits, including commissary and exchange privileges. These benefits continue for life unless the former spouse remarries.
The 20/20/15 Rule
A slightly less favorable situation involves the 20/20/15 rule. If the marriage lasted at least 20 years, the service member provided at least 20 years of creditable military service, but the overlap between marriage and service was between 15 and 20 years, the former spouse receives transitional medical benefits.
Under this scenario, the former spouse can continue using TRICARE for one year from the divorce date. After that year, they lose access to military medical benefits unless they qualify under other programs.
Children's Medical Benefits
Children of military members maintain eligibility for military medical benefits regardless of their parents' marital status. Generally, military children remain covered until age 21, or longer if they are enrolled in college or have disabilities. The divorce does not affect children's access to TRICARE or other military medical benefits.
Property Division Beyond Military Pensions
Military divorces involve dividing various types of property beyond retirement benefits. Nevada's community property laws apply to all marital assets.
Types of Military Benefits Subject to Division
Beyond retirement pensions, military divorces may involve dividing Thrift Savings Plan accounts, which function similarly to 401(k) plans for federal employees. Military members often contribute to TSP throughout their careers, and the marital portion is subject to division.
Veterans Affairs disability payments present a complex issue. Federal law prohibits treating VA disability payments as community property subject to division. However, courts can consider these payments when determining the service member's ability to pay spousal support or when making decisions about other property division.
Base Housing Considerations
Married couples living in military base housing face special considerations during divorce. Generally, the service member can be ordered to move to barracks while the civilian spouse remains in the marital home during divorce proceedings. However, the service member cannot unilaterally force the civilian spouse out of base housing.
Once the divorce is final, the civilian spouse typically must vacate base housing within a specified timeframe, usually 30 days. The military will not continue providing housing for former spouses except in rare circumstances. The civilian spouse must make arrangements to move off-base at their own expense.
Jurisdiction and Choice of Law Issues
Military families often have connections to multiple states, creating questions about where to file for divorce and which state's laws apply.
Where to File for Divorce
Service members may have options about where to file for divorce. They might file in their state of legal residence, the state where they are currently stationed, the state where their spouse resides, or the state where they last lived together with their spouse.
Each state has different divorce laws that can significantly affect outcomes. Property division rules, spousal support standards, and child custody preferences vary by state. It is important to understand how filing in Nevada versus another state might impact the divorce outcome.
Why Nevada Might Be Advantageous
Nevada offers several advantages for military divorces. The state has a short six-week residency requirement compared to much longer requirements in other states. Nevada is a no-fault divorce state, eliminating the need to prove wrongdoing. The state's community property system provides clear rules for dividing marital assets.
Nevada courts also have substantial experience with military divorces due to the significant military presence at Nellis Air Force Base, Creech Air Force Base, and Naval Air Station Fallon. This experience means judges and attorneys are familiar with military-specific issues and federal regulations affecting these cases.
Working with a Military Divorce Attorney
The complexity of military divorce makes working with an experienced attorney particularly important. Military divorce lawyers understand both Nevada family law and the federal regulations affecting service members.
Specialized Knowledge Required
An effective military divorce lawyer must understand the USFSPA and how it affects pension division, the SCRA and its protections for active duty service members, military regulations regarding Family Care Plans, how military benefits are calculated and divided, and Nevada community property laws as applied to military assets.
They should also be familiar with local judges and how Nevada courts typically handle military divorce issues. This knowledge helps attorneys develop effective strategies tailored to each client's situation.
Protecting Rights on Both Sides
Both service members and civilian spouses need strong legal representation in military divorce. Service members must ensure they do not give away more pension benefits than legally required, that custody arrangements accommodate military obligations, and that property division accounts for their separate property acquired before marriage.
Civilian spouses need protection to ensure they receive their full share of marital property, including pension rights, that career sacrifices are recognized in spousal support determinations, and that custody arrangements allow meaningful relationships with children despite military demands.
Final Remarks
Nevada divorce patterns in military marriages reflect the unique pressures and challenges. Military pensions represent a significant asset in most military divorces. The marital share of the pension is calculated based on how much military service occurred during the marriage, and the civilian spouse is typically entitled to half of that marital share under Nevada's community property laws. The 10/10 rule allows direct payment from DFAS when the marriage lasted at least 10 years with 10 years overlapping creditable service.
Child custody in military divorce requires flexible arrangements that accommodate deployments and military obligations. Service members must maintain Family Care Plans identifying alternate caregivers during periods when military duty prevents them from exercising custody. Courts cannot deny custody based solely on potential future deployments.
Access to military medical benefits after divorce depends on the 20/20/20 rule or 20/20/15 rule, determining whether former spouses retain TRICARE eligibility. Children maintain military medical coverage regardless of their parents' divorce.