Arizona Military Divorce Lawyers

Our Attorneys Provide Experienced Guidance for Your Arizona Military Divorce

No divorce is easy. Yet, being involved with a military divorce adds an extra layer of complexity.

If you’re facing a divorce as a service member or a non-military spouse, you need experienced legal help to navigate both federal and state laws surrounding military divorces in Arizona.

With a former active-duty officer on our legal team, the military divorce attorneys at Gillespie, Shields, & Taylor are ready to help you understand each aspect of the complex divorce process to help you get the best possible outcome.

Why Military Divorces in Arizona Are Different

If you’re facing a military divorce in Arizona, you will take many of the same steps as any civilian divorce: you will still file in Arizona Superior Court, divide property, address parenting time and child support, and finalize a decree of divorce.

However, there are added layers of complexity involved with a military divorce. This is primarily due to factors like federal protections for military personnel, retirement plans with unique rules, complications due to deployment, and the potential for base relocations.

Our Arizona military divorce attorneys have provided common factors that add to their complexity: 

Federal protections that influence proceedings
These include the Servicemembers Civil Relief Act (SCRA), a federal law preventing unfair disadvantage in legal matters due to military duty. This is designed to help with stay (delay) of proceedings and block default judgments while a service member is deployed or unavailable.

Protections like this can cause a divorce in Arizona to differ from divorces involving only civilians.

Military retirement and pensions
There are various laws and protections for the assets of military personnel, such as those offered by the Uniformed Services Former Spouses’ Protection Act (USFSPA).

However, assets are normally divided during a divorce using Arizona Revised Statute § 25-211, which says that most property and income acquired during the marriage is considered jointly owned by both spouses, thus making it subject to division during divorce.

As a result, there may be confusion and even conflicts as to how to divide these and other assets during an Arizona military divorce. 

Jurisdiction questions
There may also be questions or conflicts regarding which legal entity has jurisdiction to make rulings with military divorces, especially when service members are stationed in Arizona but married elsewhere.
For example, to file for divorce in Arizona, one spouse must have lived in the state for at least 90 days. Arizona courts will hear your case if this requirement is met.

However, a member of the military may be stationed in Arizona without being a resident. In other cases, neither spouse is an Arizona resident, but the service member is stationed in Arizona due to military orders. These and other situations can make matters complicated when it comes time to decide where to file the divorce.

The same holds true for child custody matters: Arizona generally follows the “home state” rule, defined in the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which directs that the state where the child has lived for six months is typically the proper place for custody decisions. However, military orders can also complicate this matter.

Our Arizona military divorce lawyers are ready to help you understand how to approach your unique situation, including how military and state law intersect with your divorce.

What Military Wives (and Husbands) Are Entitled To After an Arizona Divorce

As mentioned above, military divorces in Arizona often involve greater levels of complications due to various federal protections for military personnel. These can affect what each spouse is entitled to after their divorce in Arizona.Let the experienced military divorce lawyers at Gillespie, Shields & Taylor help you know what to expect to receive after your divorce.

Spousal maintenance orders
Depending on the circumstances, spousal maintenance (often called alimony) may be awarded after military divorce in Arizona.

Under Arizona Revised Statute § 25-319, spousal maintenance orders fall into three categories: permanent orders included in the divorce decree, temporary (interim) orders while the case is pending, and post-decree modified orders when circumstances change.
Either party may appeal the court’s final decision on spousal maintenance, and courts retain authority to address these issues even after the divorce is finalized.

Modification of spousal maintenance
Spousal maintenance may be modified after divorce if there is a substantial and continuing change in circumstances, unless the original agreement prohibits modification.

Military life often creates such changes, including deployments, interrupted careers for spouses, and frequent relocations. Because of these realities, former spouses of service members may seek modifications more often than civilians. 

Temporary spousal maintenance during divorce
During a pending divorce, a financially dependent spouse may request temporary spousal maintenance and child support to maintain stability.

Courts may issue these interim orders after a hearing unless the parties agree otherwise. If an active-duty service member cannot appear due to military duties, the Servicemembers Civil Relief Act (SCRA) may be used to pause proceedings and protect the service member’s right to participate. 

Determining eligibility for spousal maintenance
Arizona courts apply the same spousal maintenance factors to military and civilian divorces, without regard to gender.

However, federal military law adds an additional layer of rules, particularly regarding military pensions and income sources used to pay support.

Federal law and military retired pay
The Uniformed Services Former Spouses’ Protection Act governs the division of military retired pay and its use for spousal and child support orders.

Courts may divide up to 50% of a military pension as marital property. When combined with spousal and child support orders, up to 65% of a service member’s disposable retired pay may be paid to a former spouse through the Defense Finance and Accounting Service (DFAS), which is the maximum allowed.

Direct payments and the DFAS 10-year rule
For a former spouse to receive support payments directly from DFAS, there must be a court order and at least a 10-year overlap between the marriage and the service member’s creditable military service. Without this overlap, DFAS will not make direct payments, even though the support obligation still exists.

Military disability pay and spousal maintenance
Military disability pay is generally the service member’s separate property and is not divisible in divorce. In Arizona, service-connected or combat-related disability pay cannot be considered when determining spousal maintenance. Other income sources, however, may still be used to calculate support.

Survivor Benefit Plan (SBP)
The Survivor Benefit Plan provides an annuity to a designated beneficiary after a retired service member’s death, potentially replacing lost pension income.

While SBP is not divisible property, it is a critical financial protection for former spouses. Elections, beneficiary designations, premium payments, and strict deadlines must be addressed during divorce, as changes later can be limited or require consent. 

Health care coverage after divorce
Health care is a major concern in military divorce. Under the Department of Defense 20/20/20 Rule, a former spouse may receive lifetime TRICARE coverage and base privileges if the marriage and military service each lasted at least 20 years with a 20-year overlap.

This benefit continues as long as the former spouse remains unmarried and uninsured through an employer.

Temporary and continued health care options
If the former spouse meets the 20/20/15 Rule, TRICARE coverage continues for one year after divorce.

After TRICARE eligibility ends, former spouses may purchase temporary coverage through the Continued Health Care Benefit Program (CHCBP) for 18 to 36 months, similar to civilian COBRA coverage.

Eligibility depends on remaining unmarried and not having employer-sponsored insurance, and responsibility for premiums can be negotiated during divorce. 

To get a clear picture of everything you or your spouse may be entitled to after your divorce, contact our experienced Arizona military divorce attorneys.

Military Pay, Bonuses, and Allowances

Military pay includes more than just base salary and retirement. That’s why it’s important to understand these subtle details during an Arizona military divorce:

• Special pays and bonuses earned during the marriage are considered community property
• Allowances (housing allowance, subsistence allowance) are generally not divisible because they are not “income”, but instead are reimbursements for specific purposes
• Combat pay exemptions may apply to income calculations for support, while combat pay itself is often excluded from support calculations 

Since each military divorce case is unique, each one must also be individually evaluated to determine how military compensation fits into income and asset division.

Our Arizona military divorce lawyers are ready to examine the unique circumstances surrounding your divorce.

Child Custody After an Arizona Military Divorce 

Regardless of the type of divorce, Arizona law directs courts to always prioritize the child’s best interests, including divorces involving military personnel.

That means military deployment after a divorce leads to temporary custody modifications under the Uniform Deployed Parents Custody and Visitation Act (UDPCVA) to ensure continuity for children.

This allows the non-deployed parent or a designated guardian to handle day-to-day decisions while the service member is away, with the original order reinstated upon return, preventing permanent changes and protecting parental rights. 

It’s also important to note that deployment itself doesn’t justify a permanent change resulting in changes to court orders. Rather, deployment is seen as a temporary circumstance, thus protecting the service member from losing custody rights. 

Thus, the original divorce decree’s custody and visitation schedule automatically resumes after the deployment ends, usually within 10 days of the parent’s return.

During this time, the deployed parent typically designates a trusted family member or the other parent to care for the children. Courts also require the non-deployed parent to facilitate contact with the deployed parent via phone, video, or email.

If you’re struggling to manage custody matters after an Arizona military divorce, let our attorneys use federal and state laws to help you.

Practical Steps for Military Divorce in Arizona

By being as prepared as possible for your military divorce, you’ll greatly reduce stress and confusion while avoiding many potential mistakes.

To help your military divorce move as smoothly as possible, our military divorce attorneys have provided the following steps:

Know your timelines and jurisdiction
Arizona has a 90-day residence requirement in order to file for divorce. Having proof of your residency will help ensure the process can begin.

Gather important military records
These can include pay statements, retirement records, PCS orders, deployment history, and benefit documents.

Establish clear parenting plans
If at all possible, include deployment contingencies, communication methods during deployment, and flexibility in each parent/guardian’s schedule in order to satisfy custody requirements.

Address retirement and healthcare carefully
Recognizing the importance that timelines play in retirement and benefit division, determine the overlap of marriage and service to see if rules like the 20/20/15 or 20/20/20 rule apply.

Seek legal help from attorneys who know military divorce
Military divorce involves complex state and federal laws and protections that may overlap. Thus, not every divorce lawyer is going to be able to help you navigate these complex laws.

The Arizona military divorce lawyers of Gillespie, Shields & Taylor have decades of experience handling these intricate matters and are ready to provide the clarity and insight you’re looking for.

Our Arizona Military Divorce Attorneys include a Former Active Duty Officer 

When it comes to legal help with family law issues involving members of the military, look no further than Gillespie, Shields & Taylor.

Having a former Active Duty JAG Officer on our legal team, our military divorce attorneys have the needed insights and experience in order to provide you with exceptional legal counsel.

Let us guide you through any legal matters you may be facing with your Arizona military divorce, including property division, custody and support, military retirement benefits, and more.

Contact Our Arizona Military Divorce Lawyers

No matter how complex your case may be, the Arizona military divorce lawyers at Gillespie, Shields, & Taylor are ready to provide the legal help you need.

Let us navigate federal protections or Arizona law for you, providing the guidance you deserve in order to get the best outcome possible for you and your children. 

Call us today at 602-870-9700 for our Phoenix location, or 480-985-4000 for our Mesa location.

Or fill out our contact form.