Divorce is rarely simple, and for military families, the process can involve added layers of legal complexity and emotional stress. Colorado, home to several military bases including Fort Carson, Peterson Space Force Base, and the U.S. Air Force Academy, sees a significant number of military divorces each year. Solutions Based Family Law’s team of attorneys understands the unique challenges that come with a military divorce in Colorado, from jurisdictional questions to the division of military retirement and navigating deployments while co-parenting.
Whether you’re the service member or the spouse, our team of Colorado-based divorce attorneys is here to help you move forward with clarity, compassion, and practical solutions. This guide aims to shed light on the unique aspects of military divorce in Colorado, ensuring service members and their spouses are well-informed.
What Makes a Military Divorce Different?
Unlike civilian divorces, military divorces are governed by both state law and federal statutes, which means multiple legal systems can impact your case. The Uniformed Services Former Spouses’ Protection Act (USFSPA), the Servicemembers Civil Relief Act (SCRA), and Colorado state laws all play a role in how property is divided, how custody is handled, and how long the process may take.
Key Distinctions in a Military Divorce:
- Jurisdiction issues: For military personnel, being stationed in Colorado does not automatically establish residency. However, if a service member has a Colorado driver’s license, is registered to vote in the state, or owns property here, these factors can help establish residency for divorce proceedings.
- Division of military retirement and benefits: Under the USFSPA, Colorado courts can treat military retirement pay as marital property, subject to division during divorce as outlined in more detail below.
- Deployment-related complications for custody and parenting time: If one parent is facing deployment, courts may allow for temporary modifications of parenting time, and can also allow for delegation of parenting responsibilities to a family member during that time.
- Protections for active-duty service members: The SCRA provides active-duty military members with the ability to temporarily delay civil legal proceedings, including divorce, if their military duties prevent them from participating. If you’re serving overseas or deployed, you may be eligible to request a stay of proceedings until you can appear in court.
Who Can File for Divorce in Colorado?
To file for divorce in Colorado, at least one spouse must have lived in the state for 91 days or more, even if the service member is stationed elsewhere. Jurisdiction can get complicated if one or both spouses are temporarily assigned out of state or overseas, so it’s crucial to consult with an attorney familiar with both Colorado law and military family law.
How Are Military Retirement and Benefits Divided?
One of the most common questions we get is: “Will I lose half of my military pension?” The answer: not necessarily.
Under the USFSPA, Colorado courts can divide military retirement pay as marital property, but several factors affect how it’s calculated and distributed.
What to Know:
- The “Frozen Benefit Rule” locks in the former spouse’s share at the time of divorce, not at retirement.
- VA Disability Pay is not divisible but may count as income for support calculations.
- The 20/20/20 Rule determines eligibility for full military benefits (20 years of marriage, 20 years of service, and 20 years of overlap).
A common misconception is that you must be married for 10 years to get a share of military retirement. That is only true if the Defense Finance and Accounting Service (DFAS) is going to pay you directly, not whether you are entitled to a share as marital property division. Our attorneys can help ensure a fair distribution of assets while protecting your financial future.
What Happens to TRICARE, Commissary Access, and Other Benefits?
Your eligibility for continued military benefits depends on the length of your marriage and military service:
- 20/20/20 Rule: Full benefits (TRICARE, commissary, base privileges)
- 20/20/15 Rule: Limited medical benefits for one year
- Less than 20/20/15: No post-divorce benefits from the military
Additionally, Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are often considered in spousal maintenance and child support calculations. We’ll walk you through what you qualify for and help you plan for healthcare, housing, and insurance post-divorce.
Custody, Parenting Time & Deployment
When children are involved, military divorce often presents unique parenting challenges. Frequent moves, deployments, and unpredictable schedules require parenting plans that are both flexible and child-focused. Colorado courts prioritize the best interests of the child but will work with families to create parenting plans that are realistic and respectful of military obligations.
Our Approach Includes:
- Creating parenting plans that accommodate deployment and active duty schedules
- Addressing long-distance co-parenting strategies
- Helping with post-decree modifications as military status or assignments change
The goal is always to minimize disruption for your children while maintaining strong parent-child relationships, even across distances.
What Protections Exist for Active-Duty Military Members?
If you or your spouse is actively serving, you’re protected under the Servicemembers Civil Relief Act (SCRA), which allows active-duty members to request a stay (postponement) of divorce proceedings if military duties prevent participation in court.
This safeguard ensures service members aren’t disadvantaged simply because they are serving their country.
Do You Need a Military Divorce Lawyer in Colorado?
Military divorce is not just a legal process, it is a life transition that affects your career, your family, your finances, and your peace of mind. Military divorces require a precise understanding of how federal and state law intersect. A misstep, such as mishandling a retirement division order or failing to account for deployment in parenting plans, can have long-term consequences.
At Solutions Based Family Law, we take a holistic approach:
✔️ We help you understand your rights under both Colorado and federal law
✔️ We guide you through asset division, child custody, and long-term planning
✔️ We offer mediation and collaborative divorce options for lower-conflict solutions
✔️ We help you revisit and update your parenting plan as your children grow or when military duties, deployments, or relocations require adjustments
✔️ We stay with you for the long haul, supporting post-decree matters as life changes
Your Next Step: Solutions-Based Support That Respects Your Service
You have given a lot, either through your own service or supporting your spouse’s military career. Now it’s time to build a secure, healthy future for yourself and your family. A military divorce doesn’t have to be a battle. With the right legal guidance, it can be a path forward.
How We Can Help
Call us today at (720) 420-3610 or contact us online to schedule a confidential consultation with a Colorado military divorce attorney who understands what you’re going through and knows how to help.