Understanding Military Divorce in Virginia & Maryland

Military divorce presents a unique set of challenges that civilian divorces simply do not, primarily due to the intersection of state family law and complex federal statutes governing military benefits. Navigating these overlapping legal frameworks requires specific knowledge to ensure all parties’ rights and entitlements are properly addressed.

Unlike a standard divorce, military divorces in Virginia and Maryland—and indeed, throughout the United States—are profoundly shaped by a unique blend of state and federal laws. While state law (specifically, Virginia Code) dictates the grounds for divorce, child custody, child support, and spousal support, federal law governs the division of military retired pay and other significant benefits. The Uniformed Services Former Spouses’ Protection Act (USFSPA), codified at 10 U.S.C. § 1408, is the cornerstone federal legislation that allows state courts to treat military retired pay as marital property subject to division. However, it also sets strict limitations and requirements for such divisions, including a ten-year marriage overlap rule for direct payment from the Defense Finance and Accounting Service (DFAS).

Beyond financial considerations, military divorces frequently involve a range of logistical and emotional complexities. These include issues related to a service member’s deployment schedule impacting visitation, the unique jurisdictional challenges posed by frequent Permanent Change of Station (PCS) moves, and the need to protect healthcare and survivor benefits for former spouses. The Servicemembers Civil Relief Act (SCRA), found at 50 U.S.C. App. §§ 501 et seq., further introduces provisions that can delay or impact legal proceedings for active duty members. My experience working with military families in Virginia and Maryland, including those based in Fairfax and surrounding areas, has shown me that a deep understanding of these intertwined legal layers is paramount.

Understanding the Consequences and Stakes in Military Divorce

The stakes in a military divorce are incredibly high, impacting not just the immediate future but potentially decades of financial stability, access to critical benefits, and the well-being of children. A misstep can lead to substantial financial losses or unfavorable custody arrangements.

For service members and their spouses in Virginia and Maryland, the repercussions of a military divorce extend far beyond the dissolution of marriage. The financial implications are perhaps the most significant. Military retired pay, which is often a couple’s most substantial asset, is subject to complex division rules under the USFSPA. Failure to properly address this can result in one party forfeiting their rightful share of decades of service or, conversely, one party losing a significant portion of their retirement income. Beyond the monthly pay, there are critical discussions around the Survivor Benefit Plan (SBP), which provides an annuity to a surviving spouse after the service member’s death. Without proper designation in the divorce decree, a former spouse could lose this vital financial safety net.

Healthcare benefits, particularly TRICARE, also represent a major concern. Eligibility for continued TRICARE coverage depends on the length of the marriage and the service member’s length of service (often referred to as the 20/20/20 rule or similar variations). Losing access to affordable healthcare can have profound consequences. Child custody and visitation, while governed by Virginia Code §§ 20-124.2 and 20-107.2, face unique hurdles in military families. Deployments, training exercises, and PCS orders can disrupt established routines and require creative, flexible parenting plans. The court’s primary consideration is always the child’s best interests, but the military lifestyle adds layers of logistical complexity to this determination.

Moreover, the Servicemembers Civil Relief Act (SCRA) can impact the timing and flow of divorce proceedings. While designed to protect active duty members, it can also lead to delays that frustrate the non-military spouse or complicate strategic planning. The emotional and logistical burden on military families during these transitions is immense. It is not merely a legal process but a profound life change, and every decision made, or not made, can have lasting effects. Understanding Virginia Code §§ 20-107.1 (spousal support) and 20-107.3 (equitable distribution) within the federal framework is essential to protecting your interests. The consequences of uninformed decisions can be lifelong, underscoring the necessity of seasoned legal representation in these matters for anyone navigating military family law in Fairfax, Virginia, or Maryland.

The Military Divorce Legal Process in Virginia and Maryland

The military divorce process in Virginia and Maryland integrates state procedural requirements with specific federal regulations impacting everything from service of process to the division of retirement benefits. Understanding these interwoven steps is crucial for both service members and their spouses.

Initiating a military divorce in Virginia or Maryland begins much like a civilian divorce, by filing a Complaint for Divorce in the appropriate Virginia Circuit Court, such as the Fairfax County Circuit Court. However, immediate differences arise concerning service of process. The Servicemembers Civil Relief Act (SCRA) is a federal law that allows active duty service members to postpone or suspend civil proceedings, including divorce, while on active duty or for a period after. This means a service member cannot be defaulted if they are unable to respond due to military duties, requiring the plaintiff to be aware of and comply with SCRA provisions or obtain a waiver from the service member. This protection, outlined in 50 U.S.C. App. §§ 501 et seq., aims to prevent legal prejudice to those serving our nation.

Once jurisdiction is established and the service member is properly served, the process moves into discovery. This phase involves exchanging financial documents, military records, and other relevant information to assess the marital estate. Here, the unique financial aspects of military life, such as base pay, housing allowances (BAH), subsistence allowances (BAS), special pays, and entitlements, become paramount. Accurately valuing and understanding these components is vital for equitable distribution. The Virginia Code § 20-107.3 governs equitable distribution of marital property, which in a military context, uniquely includes military retired pay under the allowance of the USFSPA (10 U.S.C. § 1408). Division of retired pay is typically done via a Qualified Domestic Relations Order (QDRO) or a similar court order, which is then sent to the Defense Finance and Accounting Service (DFAS) for direct payment to the former spouse.

Negotiation and mediation are often pursued to reach a mutually agreeable settlement for all issues, including child custody, child support (Virginia Code § 20-107.2), spousal support (Virginia Code § 20-107.1), and property division. If an agreement cannot be reached, the case proceeds to trial in the Virginia Circuit Court. Throughout this process, specific considerations for military families include developing child custody and visitation schedules that accommodate deployments and PCS moves, ensuring proper allocation of healthcare (TRICARE) and survivor benefits (SBP), and addressing any unique financial aspects of a service member’s income. Engaging with Military Legal Assistance Offices (JAG Corps) can provide service members with initial guidance, but for comprehensive representation, especially in complex cases involving military family law in Fairfax or across VA and MD, an attorney with specific experience in these intricate matters is indispensable.

The SRIS Military Divorce Readiness Guide Tool

Preparing for a military divorce requires a structured approach to gather necessary information and understand the specific issues at play. Our SRIS Military Divorce Readiness Guide is designed to help you organize your thoughts and prepare effectively.

Embarking on a military divorce journey without a clear roadmap can be overwhelming. The SRIS Military Divorce Readiness Guide is a practical tool developed from years of experience assisting service members and their spouses in Virginia and Maryland. This guide is designed to help you systematically prepare for the legal process, ensuring you gather the essential information and consider the unique aspects of military family law.

SRIS Military Divorce Readiness Guide: Step-by-Step

1. Gather Essential Documents:
   • Personal Identifiers: Marriage certificate, birth certificates of children, Social Security numbers for all family members.
   • Military Service Records: Copies of your (or your spouse’s) military ID, Leave and Earnings Statements (LES), enlistment contracts, discharge papers (DD-214), and any orders (deployment, PCS).
   • Financial Records: Bank statements (checking, savings), investment account statements (TSP, mutual funds), retirement account statements (401k, IRA), pay stubs, tax returns (last 3-5 years), property deeds, vehicle titles, loan documents (mortgage, car, personal), credit card statements.
   • Benefit Information: Details on TRICARE, SBP (Survivor Benefit Plan) elections, VA disability benefits (note: generally not divisible), and any other military-related benefits.
2. Understand Your Benefits & Entitlements:
   • Military Retired Pay: Familiarize yourself with the years of service and marriage overlap for potential division under USFSPA (10 U.S.C. § 1408).
   • TRICARE Eligibility: Determine if you or your spouse might qualify for continued TRICARE coverage post-divorce (e.g., 20/20/20, 20/20/15 rules).
   • Survivor Benefit Plan (SBP): Understand the implications of SBP election for the former spouse.
3. Assess Child-Related Issues:
   • Custody Preferences: Begin thinking about your preferred custody arrangement, considering school locations, stability, and the impact of potential deployments or PCS moves.
   • Child Support Needs: Gather information on childcare costs, healthcare expenses for children, and any special needs. Virginia Code § 20-107.2 outlines child support guidelines.
   • Communication Plan: Consider how co-parenting communication will be maintained, especially across distances or during deployments.
4. Review Jurisdiction:
   • Determine which state has jurisdiction over the divorce, particularly if one spouse is in Virginia or Maryland and the other is elsewhere. This often hinges on residency and domicile.
5. Identify Legal Concerns:
   • Note any specific concerns you have regarding asset division, debt allocation, spousal support (Virginia Code § 20-107.1), or parental rights.
6. Consult with Knowledgeable Counsel:
   • Once you have a preliminary understanding of your situation and have gathered initial documents, the most critical step is to schedule a confidential case review with an attorney experienced in military family law in Fairfax, VA, and MD. They can provide tailored advice based on your specific circumstances.

Legal Strategies & Defenses in Military Divorce

Effective legal strategies in military divorce leverage a thorough understanding of both federal military law and state family law to protect client interests in property division, spousal support, and child custody, while mitigating potential complications.

Successfully navigating a military divorce requires more than just understanding the law; it demands strategic foresight and a proactive approach. One primary strategy revolves around the accurate valuation and division of military retired pay. While the USFSPA (10 U.S.C. § 1408) allows for division, the method of calculation (e.g., “time rule formula”) and the drafting of the Qualified Domestic Relations Order (QDRO) sent to DFAS are critical. Ensuring the QDRO accurately reflects the court’s intent and DFAS requirements is paramount to avoid delays or rejection. We often advise clients to consider a “present value” buyout in lieu of future direct payments, where feasible, for cleaner financial separation.

For child custody and visitation in Virginia (governed by Virginia Code § 20-124.2), strategies must account for the realities of military life. Developing parenting plans that include provisions for extended visitation during deployments, clearly defined communication protocols, and procedures for relocation (PCS orders) are essential. A well-crafted “deployment clause” within the custody order can prevent future litigation. Spousal support, addressed under Virginia Code § 20-107.1, requires a careful assessment of earning capacities, the length of the marriage, and the financial needs of both parties, taking into account unique military incomes and allowances.

Jurisdictional challenges are another area where strategic planning is vital. For families with ties to Virginia and Maryland, determining the proper forum for filing can significantly impact the proceedings. Often, the service member’s domicile or the location where the marital assets are situated will guide this decision. Leveraging the Servicemembers Civil Relief Act (SCRA) can also be a defensive strategy for service members facing litigation while deployed, allowing for a temporary stay of proceedings to ensure they can adequately participate. Conversely, understanding the limitations of the SCRA can help a non-military spouse pursue their case efficiently. Furthermore, protecting access to military benefits like TRICARE and ensuring proper SBP election requires careful negotiation and drafting within the final divorce decree. Law Offices Of SRIS, P.C. employs these and other tailored strategies to serve the unique needs of our clients facing military divorce in Fairfax and throughout Virginia and Maryland.

Common Mistakes to Avoid in Military Divorce

Mistakes in a military divorce can have severe and lasting repercussions, impacting financial security, benefits, and family relationships. Avoiding common pitfalls is crucial for a favorable outcome.

Given the complexities of military divorce, it’s easy to make oversights that can prove costly. Here are some of the most common mistakes I’ve observed:

1. Underestimating the Impact of Federal Law: Many individuals, and even some attorneys, fail to fully grasp how federal laws like USFSPA (10 U.S.C. § 1408) and SCRA (50 U.S.C. App. §§ 501 et seq.) preempt or significantly influence state divorce law. Not understanding these federal mandates can lead to unenforceable orders, delays, or the loss of critical benefits like military retired pay.
2. Neglecting Comprehensive Benefit Assessment: Focusing solely on retired pay and overlooking other vital military benefits such as TRICARE healthcare, the Survivor Benefit Plan (SBP), Commissary and Exchange privileges, and educational benefits. These entitlements have substantial financial value and must be addressed in the divorce decree.
3. Poor Communication and Planning for Child Custody: Forgetting to account for deployments, training, and PCS moves when drafting child custody and visitation schedules (Virginia Code § 20-124.2). A vague plan will inevitably lead to disputes and further litigation. Flexible and detailed arrangements, including contingency plans for military-related absences, are essential.
4. Failing to Properly Serve an Active Duty Spouse: Attempting to serve a service member without adhering to SCRA provisions or confirming their ability to accept service. This can lead to significant delays or the dismissal of your case.
5. Inadequate Financial Disclosure: Not thoroughly gathering all financial documents related to military income, allowances, and benefits. Military pay stubs (LES) can be intricate, and understanding all components is vital for accurate financial assessment and equitable distribution under Virginia Code § 20-107.3.
6. Ignoring Jurisdictional Issues: Incorrectly assuming which state has jurisdiction over the divorce or over the division of military retired pay. This can lead to a court refusing to hear the case or an order being unenforceable.
7. Attempting to Handle VA Disability Benefits: Believing that VA disability compensation can be divided as marital property. It cannot. While it might indirectly affect a service member’s ability to pay child or spousal support, the benefits themselves are explicitly exempt from division.
8. Emotional Decisions Over Legal Strategy: Allowing emotions to dictate key decisions regarding property division, child custody, or spousal support. While challenging, approaching the divorce with a clear legal strategy, guided by seasoned counsel, yields far better outcomes.
9. Delaying Legal Counsel: Waiting too long to seek legal guidance from an attorney experienced in military family law. Early engagement allows for comprehensive planning and proactive problem-solving, which is critical for complex cases like military divorce in Fairfax, VA, and MD.

Glossary of Key Military Divorce Terms

Understanding the specialized terminology associated with military divorce is essential for navigating the legal process and comprehending the nuances of your case.

Uniformed Services Former Spouses’ Protection Act (USFSPA)

A federal law (10 U.S.C. § 1408) that allows state courts to treat military retired pay as marital property subject to division in divorce proceedings.

Servicemembers Civil Relief Act (SCRA)

A federal law (50 U.S.C. App. §§ 501 et seq.) that provides legal and financial protections to military members in active service, including the ability to temporarily delay or suspend civil court proceedings.

Defense Finance and Accounting Service (DFAS)

The federal agency responsible for paying military members, retirees, and former spouses their rightful share of military retired pay when ordered by a court.

Survivor Benefit Plan (SBP)

An annuity program that allows military retirees to provide a continuing income to their eligible survivors after the retiree’s death. Its election for a former spouse is a critical aspect of military divorce settlements.

TRICARE

The healthcare program for uniformed service members, retirees, and their families worldwide. Eligibility for former spouses post-divorce depends on specific rules (e.g., 20/20/20 rule).

20/20/20 Rule

A specific USFSPA provision allowing a former spouse to retain full TRICARE medical benefits, Commissary and Exchange privileges if the marriage lasted 20 years, the service member performed 20 years of creditable service, and the marriage and service overlapped by at least 20 years.

Qualified Domestic Relations Order (QDRO)

A court order that recognizes an alternate payee’s right to receive a portion of a retirement plan’s benefits. While not technically a QDRO for military retirement, a similar court order is used for DFAS to directly pay former spouses.

Permanent Change of Station (PCS)

The reassignment of a service member to a new duty station, often involving relocation of their family, which can significantly impact child custody and visitation arrangements.

Common Scenarios & Questions in Military Divorce

Military divorce cases present unique factual patterns. These common scenarios illustrate the types of complex situations service members and their spouses often face, highlighting the need for tailored legal solutions.

• Scenario 1: Active Duty Member Deployed During Divorce Proceedings

  How do divorce proceedings in Virginia or Maryland proceed if one spouse is an active duty service member deployed overseas?

  If an active duty service member is deployed during divorce proceedings, the Servicemembers Civil Relief Act (SCRA) (50 U.S.C. App. §§ 501 et seq.) grants them the right to request a stay (postponement) of the proceedings, typically for 90 days or longer if necessary, to allow them to adequately respond and participate. This protection ensures that military duties do not prejudice their legal rights. A court in Virginia or Maryland, such as the Fairfax County Circuit Court, will typically grant such a request upon proper application. An attorney can help manage service of process, secure the stay, and ensure the service member’s interests are protected while deployed, facilitating a smooth transition once they return or are able to engage.

• Scenario 2: Dividing Military Retirement Benefits

  What is the process for dividing military retirement benefits in a Virginia or Maryland divorce, especially concerning the “10/10 Rule” and DFAS?

  The division of military retirement benefits is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA) (10 U.S.C. § 1408). Virginia Code § 20-107.3 allows state courts to treat military retired pay as marital property subject to equitable distribution. For direct payment from the Defense Finance and Accounting Service (DFAS) to the former spouse, the “10/10 Rule” generally applies: the marriage must have lasted for at least 10 years, and those 10 years must have overlapped with 10 years of military service creditable for retirement. If this rule is met, DFAS can directly pay the former spouse their share. If not, the service member is typically responsible for paying the former spouse directly. A precise court order, often called a military retired pay order (similar to a QDRO), must be drafted and submitted to DFAS, detailing the exact percentage or formula for division.

• Scenario 3: Child Custody with Frequent PCS Moves

  How do courts in Virginia or Maryland handle child custody and visitation for military families when there are frequent Permanent Change of Station (PCS) moves?

  For military families in Virginia and Maryland, child custody (Virginia Code § 20-124.2) and visitation arrangements must be flexible and robust enough to accommodate the realities of frequent PCS moves and deployments. Courts prioritize the child’s best interests, which often involves maintaining stability and consistent contact with both parents. Rather than rigid schedules, military parenting plans often include provisions for: (a) extended visitation during block leave or non-deployed periods; (b) clear communication protocols; (c) decision-making authority for the non-deployed parent; (d) defined procedures for notifying the other parent of PCS orders; and (e) arrangements for video calls and other electronic communication. The goal is to create a dynamic plan that adapts to military life while preserving the parent-child relationship, requiring seasoned legal counsel to anticipate and address these unique challenges.

Frequently Asked Questions (FAQs) About Military Divorce

These frequently asked questions address common concerns for individuals facing military divorce in Virginia and Maryland, providing clear, concise answers based on legal experience.

• 1. What are the residency requirements for filing for a military divorce in Virginia or Maryland?

  Generally, to file for divorce in Virginia, one party must be a resident of Virginia for at least six months immediately preceding the filing of the complaint. For military members, Virginia Code § 20-97 permits filing if the service member is stationed in Virginia, or if either party is domiciled in Virginia. Maryland has similar residency requirements, often requiring one party to reside in the state for at least six months to one year, depending on the grounds. Jurisdiction over the service member themselves is also crucial, often established by their presence, domicile, or consent.

• 2. How does the Uniformed Services Former Spouses’ Protection Act (USFSPA) affect my divorce?

  The USFSPA (10 U.S.C. § 1408) is the federal law that permits state courts to divide military retired pay as marital property. It outlines specific rules for how this pay can be divided and also dictates eligibility for direct payment from DFAS to the former spouse. It is absolutely central to the financial aspects of a military divorce, dictating much of what a state court can and cannot order regarding military retirement.

• 3. Can I get a share of my spouse’s VA disability benefits in a divorce?

  No. By federal law, VA disability compensation is considered the service member’s separate property and is generally not divisible as marital property in a divorce. However, the receipt of VA disability benefits can, in some circumstances, affect the calculation of child support (Virginia Code § 20-107.2) or spousal support (Virginia Code § 20-107.1), as it impacts the service member’s overall income and financial capacity.

• 4. What is the “10/10 Rule” and how does it apply to military divorce?

  The “10/10 Rule” is a provision within the USFSPA (10 U.S.C. § 1408) that determines if the Defense Finance and Accounting Service (DFAS) can directly pay a portion of military retired pay to a former spouse. For DFAS to make direct payments, the marriage must have lasted for at least 10 years, and that 10-year period must have overlapped with 10 years of creditable military service by the service member. If the 10/10 rule is not met, the state court can still divide the retired pay, but the service member will be solely responsible for making the payments to their former spouse.

• 5. How does TRICARE eligibility work for former military spouses after divorce?

  TRICARE eligibility for a former spouse after divorce depends on the “20/20/20 Rule” or “20/20/15 Rule.” Under the 20/20/20 rule, a former spouse retains full TRICARE benefits (and commissary/exchange privileges) if the marriage lasted 20 years, the service member performed 20 years of creditable service, and the marriage and service overlapped by at least 20 years. The 20/20/15 rule provides a one-year transitional TRICARE eligibility if the overlap is 15-19 years. If neither rule applies, continued TRICARE coverage is typically not available, though options like TRICARE Young Adult or continued health care via COBRA may exist.

• 6. Can military deployments affect child custody and visitation orders?

  Yes, military deployments can significantly impact child custody and visitation. Virginia Code § 20-124.2 requires courts to consider the unique challenges of military life when crafting custody orders. Often, parenting plans for military families include specific provisions for extended visitation during pre- and post-deployment leave, communication protocols during deployment (e.g., video calls), and temporary delegation of parental rights to a trusted family member if a service member is deployed. The aim is to ensure the child’s best interests are met while accommodating military duties.

• 7. What is the Survivor Benefit Plan (SBP) and why is it important in military divorce?

  The Survivor Benefit Plan (SBP) is an annuity program that allows military retirees to provide a continuing income to their eligible survivors after the retiree’s death. In a military divorce, it’s crucial because the former spouse’s financial security may depend on receiving SBP benefits. The divorce decree must explicitly order the service member to elect the former spouse as a beneficiary, and the former spouse must take steps to ensure this election is properly filed with DFAS. Without proper election, a former spouse could lose this vital benefit.

• 8. How is spousal support (alimony) determined in a military divorce?

  Spousal support in a military divorce in Virginia or Maryland is determined by state law (Virginia Code § 20-107.1). Courts consider various factors, including the length of the marriage, the financial needs and resources of each spouse, the contributions (monetary and non-monetary) of each spouse to the well-being of the family, and the earning capacity of each party. Military pay, allowances, and the specific nature of military life (e.g., impact on a spouse’s career) are all factors that can influence spousal support awards.

• 9. What if my spouse is trying to avoid service of divorce papers while deployed?

  The Servicemembers Civil Relief Act (SCRA) prevents a service member from being defaulted in a legal action if they are deployed and unable to respond. If a service member is intentionally evading service, an attorney can help explore options like service by publication (if allowed by state law and court order) or seeking a court order to compel cooperation. It’s important to understand that the SCRA is designed to protect service members, not to allow them to avoid legal obligations indefinitely. A seasoned attorney will know how to navigate these challenges.

• 10. Can I remarry after a military divorce and still receive my share of military retired pay?

  Generally, yes. Remarriage does not typically affect a former spouse’s right to receive their share of military retired pay, as long as the court order for division was properly executed and filed with DFAS. However, remarriage can impact eligibility for other benefits like the Survivor Benefit Plan (SBP) or TRICARE. For example, a former spouse’s entitlement to SBP benefits usually terminates upon remarriage before age 55, though some exceptions apply. It’s crucial to review your specific court order and seek counsel regarding how remarriage might affect specific benefits.

• 11. How do I address accrued leave or special pay in a military divorce?

  Accrued leave and special pays are generally considered part of a service member’s income for the purpose of calculating child or spousal support, but they are typically not treated as divisible marital assets in the same way as retired pay. While a service member might sell back leave or receive bonuses, these are usually seen as current income or compensation for service, rather than marital property. However, it is essential for a seasoned attorney to meticulously review all aspects of military compensation to ensure a fair and equitable financial outcome.

• 12. What about the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in military divorce?

  The UCCJEA is a state law adopted by Virginia and Maryland (and nearly all states) that helps determine which state has jurisdiction to make child custody determinations. For military families, who often move frequently, the UCCJEA is critical for preventing jurisdictional conflicts and ensuring that only one state makes decisions about a child’s custody. It prioritizes the child’s “home state” (where the child has lived for at least six consecutive months) but provides exceptions for military families when a parent is transferred or deployed, requiring careful analysis to determine the proper forum for custody proceedings.

• 13. What records should I start gathering for a military divorce?

  Start gathering all personal identifiers (marriage certificate, birth certificates), military service records (LES, DD-214, orders), and comprehensive financial records (bank statements, investment accounts, tax returns, property deeds, loan documents). Include information on all military benefits such as TRICARE, SBP, and any special pays. The more organized you are with these documents, the more efficiently your legal team can assess your case and develop a robust strategy.

• 14. Is mediation recommended for military divorces?

  Mediation can be a highly effective tool for military divorces, particularly for service members and spouses who wish to reach mutually agreeable solutions while maintaining some control over the outcome. It allows parties to creatively address complex issues like deployment-affected custody schedules, division of unique military assets, and long-term benefit planning without the adversarial nature of court. However, it’s crucial that both parties are fully informed and represented by knowledgeable counsel during mediation to ensure all federal and state laws are properly addressed in the final agreement.

• 15. How do I protect my rights as a non-military spouse in a military divorce?

  As a non-military spouse, protecting your rights means understanding your entitlements under USFSPA (10 U.S.C. § 1408) regarding military retired pay, and your eligibility for TRICARE and SBP benefits. It also involves ensuring proper valuation of all marital assets, including those unique to military life. Critical steps include securing knowledgeable legal counsel in military family law, ensuring timely service of process, and meticulously reviewing all settlement terms to confirm they accurately reflect your entitlements and are enforceable by DFAS and other agencies. Your seasoned attorney can ensure your financial and parental rights are fully protected.