Military deployment or relocation can significantly impact the timeline and process of a divorce in North Carolina. When one spouse is an active-duty service member, the unique demands of military life—such as deployments and frequent moves—can complicate everything from filing paperwork to attending court hearings. 

Understanding how these challenges affect your divorce is critical to navigating the process more smoothly.

Impact of Deployment on the Divorce Process

If your spouse is deployed, the divorce timeline may be extended. Under the Servicemembers Civil Relief Act (SCRA), active-duty military members can request a delay, or “stay,” in legal proceedings while they are deployed. 

This provides protection from being unfairly impacted by their inability to fully participate in the divorce process due to military duties.

Key considerations include:

• The deployed spouse must request the delay and provide evidence that their duties prevent them from participating.
• The court will review the request and may grant extensions as necessary, which can prolong the divorce process by months or even longer, depending on the deployment.
• Once the deployment is over, the divorce can resume, and both parties can fully participate in decisions like child custody and property division.

Relocation and Child Custody Considerations

Relocation due to permanent change of station (PCS) orders can impact the divorce process, particularly in relation to child custody and visitation arrangements. North Carolina courts prioritize the best interests of the child, and frequent relocations or long deployments can disrupt the stability courts seek to provide for children.

Custody and relocation issues may involve:

• Granting the non-relocating parent primary physical custody to provide stability for the child.
• Allowing more flexible visitation schedules, such as extended holiday or summer visitation for the relocating military parent.
• Utilizing virtual visitation options like video calls to maintain regular contact between the military parent and the child during periods of deployment or relocation.

Division of Property and Military Benefits

Deployment or relocation may create logistical challenges in dividing assets, particularly military benefits like retirement pay and housing allowances. North Carolina’s equitable distribution laws apply to military divorces, and both parties are entitled to a fair division of marital property.

Considerations regarding the division of military assets include:

• Ensuring that military benefits are properly accounted for and divided, which may require working with offices like the Defense Finance and Accounting Service (DFAS).
• Managing the logistical difficulties of exchanging financial information when one spouse is deployed or relocated, especially when it comes to military pay and benefits.

Residency and Jurisdiction Issues in Fayetteville, NC

If either spouse relocates before the divorce is finalized, determining which state has jurisdiction over the divorce can become complicated. North Carolina’s residency requirements state that at least one spouse must have lived in the state for six months before filing for divorce. 

Military members stationed in North Carolina can file for divorce in the state even if their legal residence is elsewhere.

Important factors include:

• If the military member relocates to a new duty station in another state, it may raise jurisdictional questions.
• Working with an attorney who understands both state and federal military divorce laws is critical to ensuring the proper legal steps are followed.

Managing a Military Divorce With Devan & Null PLLC

While deployment and relocation present unique challenges, managing a military divorce is possible with careful planning and the right legal guidance. At Devan & Null, we understand the complexities military families face during divorce, and we’re here to help.

We guide you through the process by:

• Helping you navigate deployment and relocation delays, ensuring your legal rights are protected even when faced with military obligations.
• Assisting in developing custody plans that accommodate the demands of military life while prioritizing your child’s best interests.
• Ensuring military benefits and assets are fairly divided according to North Carolina law.

If you or your spouse is deployed or relocating, let Devan & Null assist you in moving forward with confidence, knowing that your rights are protected and your family’s needs are prioritized.

Get in touch today to schedule your consultation and start finding your best path forward.

In a military divorce, one of the most important assets to consider is military retirement benefits. These benefits, which include military pensions, can be substantial and are often one of the most valuable assets in a military divorce. 

Understanding whether you are entitled to a portion of your spouse’s military retirement benefits and how they are calculated is essential for planning your financial future post-divorce.

Understanding the 10/10 Rule

The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as marital property, subject to division during a divorce. 

In North Carolina, military pensions are subject to equitable distribution, meaning they are divided fairly between spouses. However, this does not always mean an equal split.

Key factors to understand about military retirement benefits include:

• The 10/10 rule: This rule allows the non-military spouse to receive direct payments from the Defense Finance and Accounting Service (DFAS) if the marriage lasted at least 10 years, during which the service member completed at least 10 years of military service.
• Even if your marriage does not meet the 10/10 rule, you may still be entitled to a portion of your spouse’s military retirement benefits. In this case, your spouse would be responsible for making the payments to you directly rather than through DFAS.
• The court will calculate your share of the retirement pay based on the portion of your spouse’s military service that took place during your marriage. This means if your spouse served for 20 years but was married to you for 10 years, you would be entitled to a percentage of half the value of the retirement pay earned during those 10 years.

Calculating the Marital Portion of Retirement Benefits

The formula used to calculate the portion of military retirement benefits you are entitled to can vary, but it typically focuses on the length of time you were married while your spouse was actively serving. 

The more years of service that overlap with your marriage, the greater the share you may receive.

The calculation generally works like this:

• The court will determine how many years of your spouse’s military service occurred during the marriage.
• This number is divided by the total years of military service to determine the percentage of the retirement pay considered marital property.
• The marital portion of the retirement is then divided between both spouses, usually with each receiving half of the value.

It’s important to note that the court will take into account various factors in determining the exact division. For example, the length of the marriage, the contributions of both spouses to the marriage, and each spouse’s financial needs are considered in the decision.

Survivor Benefit Plan (SBP) Considerations

In addition to military retirement pay, another important consideration in a military divorce is the Survivor Benefit Plan (SBP). 

The SBP is an insurance plan that provides continued income to a designated beneficiary (typically a spouse or former spouse) in the event of the service member’s death.

Key considerations about the SBP include:

• If you are awarded a portion of your spouse’s military retirement benefits, it’s crucial to also secure coverage under the SBP. Without SBP coverage, your share of the retirement benefits would end upon your former spouse’s death.
• The court may include SBP coverage in your divorce settlement, ensuring that you continue to receive financial support even after the death of the service member.

Impact of Other Military Benefits

While military retirement benefits are a major consideration, it’s also important to account for other military benefits during divorce, such as healthcare through Tricare and access to base privileges. 

These benefits may also be divided or continued depending on the length of your marriage and the specifics of your divorce settlement.

The key points to consider include:

• Under the 20/20/20 rule, a former spouse may continue to receive Tricare and base privileges if the marriage lasted 20 years, the service member served for 20 years, and there was a 20-year overlap between the marriage and military service.
• If your marriage does not meet the 20/20/20 rule, you may still qualify for temporary Tricare coverage under the 20/20/15 rule, which provides one year of continued coverage if there was a 15-year overlap between marriage and service.

How Devan & Null Can Help You Protect Your Financial Future

Dividing military retirement benefits can be one of the most complex and critical parts of a military divorce. Ensuring that you receive your fair share requires a thorough understanding of both federal and state laws.

At Devan & Null, talk with us and find out how we can help you with the following:

• We work with you to calculate the portion of military retirement benefits you are entitled to, ensuring you understand the 10/10 rule and how it applies to your case.
• Ensure your financial future is protected by including provisions for the Survivor Benefit Plan, so you continue to receive income if your former spouse passes away.
• Guidance through the process of securing your rights to military healthcare and other benefits that the divorce may impact.

Whether you are seeking a fair division of military retirement or need guidance on other military benefits, we are here to help you move forward with confidence. 

Call Devan & Null PLLC at 910-486-6855 today to schedule a consultation and learn more about how we can protect your rights during a military divorce.

For military families, benefits like healthcare coverage and access to base privileges are essential parts of everyday life. However, when a military couple divorces, these benefits can change significantly. 

Understanding what happens to benefits like Tricare, commissary privileges, and exchange access after a divorce is important, especially for spouses who have relied on these resources during the marriage. In North Carolina, the outcome largely depends on the length of the marriage and the service member’s time in the military.

Tricare and the 20/20/20 Rule

Tricare, the healthcare system for military families, is one of the most valuable benefits a military spouse may lose after a divorce. However, there are specific rules in place that allow some former military spouses to retain access to Tricare.

The 20/20/20 rule is the most important factor in determining whether a former spouse can keep their Tricare coverage. Here’s how it works:

• The rule applies if you were married to your spouse for at least 20 years, your spouse served for at least 20 years, and there was at least a 20-year overlap between the marriage and military service.
• If you meet all of these criteria, you can continue to receive Tricare healthcare coverage indefinitely after the divorce, provided you do not remarry. This means you can maintain your military healthcare without interruption, which is a significant benefit.

If you qualify under the 20/20/20 rule, you will retain your status as a former spouse beneficiary under Tricare and will be eligible for the same healthcare coverage that you had during the marriage. It’s important to note that if you remarry, you will lose Tricare coverage permanently, even if your second marriage ends in divorce.

Tricare and the 20/20/15 Rule

For those who do not meet the full 20-year requirement, the 20/20/15 rule may still offer some temporary healthcare coverage. This rule applies if:

• You were married for at least 20 years, your spouse served for at least 20 years, but the overlap between marriage and military service is at least 15 years, but less than 20 years.

If you qualify under the 20/20/15 rule, you are entitled to Tricare coverage for one year after the divorce is finalized. This temporary coverage can give you some breathing room while you transition to new healthcare arrangements. However, after the one-year period ends, you will need to secure your own health insurance.

For those who do not qualify under either the 20/20/20 or 20/20/15 rules, Tricare coverage will end once the divorce is finalized. In this case, it’s important to start planning for alternative healthcare options well in advance of the divorce being completed.

Other Military Benefits: Commissary and Exchange Privileges

In addition to healthcare, military spouses often rely on access to base services like the commissary, exchange, and other on-base privileges. The ability to continue using these benefits after divorce depends on the same 20/20/20 rule that governs Tricare eligibility.

If you meet the 20/20/20 rule, you will retain your access to commissary and exchange privileges after the divorce. This can be especially helpful for managing post-divorce expenses, as shopping at military facilities often provides cost savings on everyday items. You’ll still be able to access these services as a former spouse beneficiary.

However, if you do not meet the 20/20/20 rule, your access to the commissary and exchange will end once the divorce is finalized. These benefits are tied to your status as a military spouse, and once that status changes due to divorce, they will no longer be available unless you qualify under the full 20/20/20 rule.

What About Survivor Benefits?

If your divorce settlement includes a portion of your spouse’s military retirement benefits, it’s important to also consider the Survivor Benefit Plan (SBP). The SBP provides financial protection to a former spouse in the event that the service member dies after retirement.

Key points about the SBP include:

• The SBP allows a retired service member to designate a former spouse as the beneficiary, ensuring that they will continue to receive retirement income even after the service member’s death.
• Without SBP coverage, any military retirement benefits you receive as part of the divorce settlement would end upon your former spouse’s death.
• Ensuring that SBP coverage is included in your divorce settlement can provide critical long-term financial security.

At Devan & Null, we help you navigate the complexities of military divorce and ensure that all aspects of your future financial and healthcare needs are addressed.

Transitioning to Civilian Healthcare Options

If you do not qualify for continued Tricare coverage, you will need to explore alternative healthcare options. For many former military spouses, this can be a difficult transition, especially if they have relied on Tricare for many years. Options may include:

• Enrolling in a private healthcare plan through an employer or the marketplace.
• If you qualify for COBRA, you may be able to extend your Tricare coverage temporarily (usually for up to 36 months), although this can be expensive.
• Apply for insurance through the federal Healthcare Marketplace

Planning ahead for this transition is crucial. At Devan & Null, we help you understand your options and ensure that your divorce settlement considers your healthcare needs moving forward.

How Devan & Null Can Help

The division of military benefits can be complex, but with the right legal guidance, you can secure your financial and healthcare future after a divorce. 

At Devan & Null, we have extensive experience helping military families navigate these challenges. We work with you to:

• Help you determine whether you qualify for continued Tricare coverage under the 20/20/20 or 20/20/15 rules.
• Ensure your divorce settlement includes provisions for your healthcare needs, including consideration of COBRA or private insurance options if needed.
• Advocate for your rights to commissary, exchange privileges, and military retirement benefits, ensuring you receive a fair share of what you are entitled to.

If you have questions about how your military benefits will be impacted by divorce, Get in touch with Devan & Null today at 910-486-6855 to schedule a consultation. We guide you through the process and help you secure the benefits and protections you need to move forward confidently.

Creating a custody arrangement in a military divorce can be especially challenging when one spouse is frequently deployed or relocated. Military life often requires service members to move to new duty stations or spend long periods of time away from home, which can complicate child custody and visitation schedules. 

However, North Carolina courts recognize the unique challenges faced by military families and aim to craft custody arrangements that serve the best interests of the child while accommodating the demands of military service.

Understanding the Court’s Approach to Military Custody Cases

In any custody case, the court’s primary concern is the best interests of the child. This includes ensuring stability, maintaining relationships with both parents, and creating an environment where the child can thrive. For military families, this can mean balancing the child’s need for stability with the service member’s commitment to serving their country.

Key considerations in military custody cases include:

• The parent’s deployment schedule and how often they are likely to be deployed in the future.
• The location of the service member’s duty station and how it impacts their ability to have regular in-person time with the child.
• The child’s need for a stable home environment, particularly when it comes to schooling and community ties.

Joint Custody Arrangements for Military Families

In many cases, courts aim to establish joint custody, where both parents share responsibilities for the child. However, when one parent is frequently deployed or relocated, traditional joint custody arrangements may not work. 

The key is to create a flexible custody arrangement that allows the child to maintain a meaningful relationship with both parents, even when one parent is unavailable for extended periods.

Joint custody arrangements in military divorces often include:

• Primary physical custody for the non-military parent: This ensures that the child has a stable home base while the service member is deployed or stationed in a location far from the child’s primary residence.
• Extended visitation during leave periods: When the service member is home on leave, the custody arrangement may allow for extended visitation periods to make up for time lost during deployment. This can include longer stays during holidays, summer vacations, or school breaks.
• Virtual visitation: Technology plays a critical role in maintaining the parent-child relationship when in-person visits are not possible. Courts often encourage the use of video calls, messaging apps, and phone calls to ensure regular communication between the deployed parent and the child.

Designating a Temporary Custodian During Deployment

One option available to military parents during deployment is designating a temporary custodian who can exercise the service member’s visitation rights while they are away. This is often a family member, such as a grandparent, who can maintain a connection with the child on behalf of the deployed parent. 

This arrangement ensures that the child remains in contact with the deployed parent’s side of the family and can be a helpful solution when long deployments make regular visits impossible.

Key points about designating a temporary custodian include:

• The temporary custodian must be someone the court approves and who has a positive relationship with the child.
• This arrangement is temporary and is designed to maintain the child’s connection to the deployed parent’s family until the service member returns.
• Once the deployment ends, the custody arrangement will revert to its pre-deployment terms, with the service member resuming their normal visitation or custody rights.

Modifying Custody Arrangements Due to Relocation

Frequent relocations, or permanent changes of station (PCS) orders, are common in military life and can have a significant impact on child custody arrangements. When a service member is required to relocate, the court will reassess the existing custody arrangement to determine how best to accommodate the move while prioritizing the child’s stability.

In some cases, the court may modify the custody arrangement to reflect the new circumstances. This can include:

• Granting the non-military parent primary custody: If the service member is relocated far from the child’s current home, the court may determine that it is in the child’s best interest to remain with the non-military parent, particularly if the move would disrupt the child’s schooling, social ties, or general routine.
• Creating a long-distance visitation schedule: If the military parent relocates, the court may establish a long-distance visitation plan, allowing for extended visits during holidays or school breaks. This ensures that the child maintains a meaningful relationship with the military parent, even if regular in-person contact becomes more difficult.

Ensuring Stability for the Child

The court’s main goal in any custody case is to ensure stability for the child. In military custody cases, this can be more complex, as deployments and relocations can disrupt the child’s routine. However, with thoughtful planning, it is possible to create a custody arrangement that provides both stability for the child and flexibility for the military parent.

Considerations for ensuring stability include:

• Minimizing disruptions to the child’s routine: Whenever possible, the court will aim to keep the child’s daily life stable, including maintaining the same school, friends, and community ties.
• Keeping communication open: The court often encourages regular communication between both parents to ensure that the child’s needs are met, and to help both parents stay involved in important decisions.
• Creating a backup plan: In military families, it’s important to have a plan in place for unexpected deployments or relocations. This backup plan can include who will take over primary care for the child in the event of a sudden deployment, ensuring the child’s stability even in times of uncertainty.

How Devan & Null Can Help in Fayetteville, NC

Military custody cases require a specialized approach, as the unique challenges of military life need to be considered in every decision. At Devan & Null, we are experienced in helping military families create custody arrangements that work for both parents and children, even in the face of frequent deployments and relocations.

We work with you to:

• Help you develop a flexible custody arrangement that accommodates your military service while ensuring your child’s well-being and stability.
• Advocate for your rights as a parent, whether you are the service member or the non-military parent.
• Assist you in designating a temporary custodian during deployment or modifying a custody arrangement due to relocation, ensuring your child remains connected to both parents.

If you’re facing a military divorce and need guidance on creating a custody arrangement that works for your family, contact Devan & Null today. We are here to help you navigate the complexities of military life while protecting your relationship with your child. 

Get in touch with Devan & Null today at 910-486-6855 to schedule a consultation. 

In military divorces, the service member’s income includes not only base pay but also additional allowances, such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). 

These allowances, which help cover housing and food costs, are important factors when calculating both alimony and child support in North Carolina. 

The court considers all sources of income when determining financial support, and understanding how these allowances affect the calculations can help you better prepare for the financial aspects of divorce.

Understanding BAH and BAS in the Context of Divorce

BAH is a military allowance provided to service members who live off base to help cover their housing expenses. It’s calculated based on the location of the service member’s duty station, their rank, and whether they have dependents. 

BAS is a separate allowance intended to cover food costs for service members. Both of these allowances are paid in addition to the service member’s base salary, and they are important components of the total compensation package in a military divorce.

In a divorce, BAH and BAS are considered part of the service member’s gross income for the purposes of calculating both alimony (spousal support) and child support. 

The court will look at the full scope of the service member’s financial situation to ensure that support calculations accurately reflect their ability to provide for their former spouse and children.

Key points to understand about BAH and BAS include:

• BAH and BAS are not taxed, but they are still included as income when determining support obligations.
• If the service member’s duty station or living situation changes, resulting in a change to BAH or BAS, this could impact the amount of support ordered by the court.
• The court will factor these allowances into both child support and alimony to ensure that the non-military spouse and children are supported in a way that reflects the family’s standard of living during the marriage.

Calculating Alimony with Military Pay and Allowances

Alimony, or spousal support, is designed to help the financially dependent spouse maintain a standard of living similar to what they had during the marriage. 

When calculating alimony, the court will consider the service member’s total compensation, including base pay, BAH, BAS, and any other military benefits.

Factors the court will examine when determining alimony include:

• The length of the marriage: In longer marriages, where one spouse may have given up career opportunities to support the service member, alimony may be awarded to ensure financial stability.
• The financial needs of both spouses: The court will assess the non-military spouse’s need for support and the service member’s ability to pay, taking into account both their base salary and military allowances.
• The standard of living during the marriage: The court will look at the lifestyle the couple maintained during the marriage, including housing, food, and other living expenses, and will use these factors to determine a fair alimony payment.

It’s important to note that alimony is often awarded in situations where there is a significant difference in the earning potential of the two spouses. 

In military divorces, the service member’s BAH and BAS can increase their total income substantially, which may result in higher alimony payments compared to what would be calculated from base pay alone.

Child Support and Military Allowances

In North Carolina, child support is determined based on the income of both parents and the needs of the child. The service member’s income, including BAH and BAS, will be included in the child support calculation to ensure that the child receives adequate financial support.

Key considerations when calculating child support include:

• The number of children: Child support is typically calculated based on the number of children the couple has together, ensuring that each child’s needs are met.
• The service member’s total income: BAH and BAS, along with any other military allowances, are included in the total income calculation, ensuring that child support reflects the full financial picture.
• The child’s needs: The court will take into account the child’s needs, including education, healthcare, extracurricular activities, and other expenses, when determining the amount of support.

Because military allowances like BAH and BAS are directly related to the service member’s duty station and family status, changes in these allowances may affect child support payments.

For example, if a service member receives a higher BAH due to a duty station change, this increase in income could lead to higher child support payments. Conversely, if the service member moves to on-base housing and no longer receives BAH, this reduction in income may warrant a modification of the support order.

Modifying Support Due to Changes in Military Pay

Military life can be unpredictable, and changes in a service member’s duty station, rank, or family status can impact their pay and allowances. If there are significant changes in the service member’s income, either party may request a modification of the alimony or child support order.

Examples of changes that may lead to a modification include:

• A change in BAH due to relocation or a shift from off-base to on-base housing.
• A promotion or demotion that affects the service member’s total income.
• Changes in the family structure, such as the service member remarrying or having additional children, which could impact their BAH or other benefits.

How Devan & Null Can Help

Navigating the complexities of military pay and allowances in a divorce can be challenging, especially when it comes to calculating fair alimony and child support. 

At Devan & Null, we have the experience needed to help you understand how military pay factors into these calculations and ensure that you receive a fair and equitable outcome. We work with you to:

• Ensure that all military allowances, including BAH and BAS, are factored into alimony and child support calculations.
• Help you understand how changes in military pay or duty station may affect your support obligations or entitlements.
• Assist in modifying support orders if there are significant changes in your financial situation due to military service.

If you have questions about how your spouse’s military pay and allowances will impact alimony or child support in your divorce, contact Devan & Null today at 910-486-6855 to schedule a consultation. Let us guide you through the process and help ensure that your financial rights are fully protected.