1. Consider military deployment in child and spousal support. When the military ex-spouse is on active duty, parenting responsibilities often fall on the other parent.
  2. Include the military pension as part of the equitable distribution of marital assets.
  3. Consider the 10/10 rule. A military pension can only be part of a divorce settlement if the military spouse has at least 10 years of service and the parties were married for at least 10 years.
  4. Consider the 20/20/20 rule for military medical insurance. Military spouses receive full medical benefits in marriages lasting more than 20 years that overlapped with 20 years of military service. An eligible ex-spouse may retain these benefits barring remarriage or coverage under a private insurance plan.
  5. Consider the service member Civil Relief Act. An active service member can ask for a stay in divorce proceedings, provided that the reasons are confirmed by a statement from a commanding officer.
  6. Properly calculate the amount of disposable retired or retainer pay that is the basis for calculating pension benefit distribution.
  7. Clearly define the portion of disposable pay to be distributed to the former spouse.
  8. Protect the allotted share of military pension should it be exchanged for a subsequent service-related disability benefit.
  9. Stipulate that the former spouse and children may remain beneficiaries of the Service Members Group Life Insurance policy after the death of the military spouse.
  10. Ensure that a pension allotment continues after the death of the former military spouse. Military pensions stop when a retired serviceperson dies. The ex-spouse should get a court order to retain status as the surviving pension beneficiary and serve an election letter with the Defense Finance and Accounting Service within a year of the divorce decree.

When you are in the military and your marriage is coming to an end, contact an experienced military divorce attorney to protect your rights.