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Prioritizing Your Service


Under the Uniformed Services Former Spouses' Protection Act (USFSPA), state courts can treat military disposable retired pay as marital property, subject to division during a divorce. The non-military spouse may be entitled to a portion of the military member's retirement pay based on the length of the marriage and the years of military service. The "10/10 rule" must be satisfied for the Defense Finance and Accounting Service (DFAS) to make direct payments to the non-military spouse. This rule requires that the marriage lasted at least ten years, overlapping with at least ten years of military service.  

Additionally, while spousal and child support orders are determined by Maryland law and the financial circumstances of the parties, the military also has guidelines in place to ensure that service members provide adequate support to their families. If there is no court order or agreement, the military member's commanding officer may impose support obligations based on these guidelines. 

Finally, the entitlement to healthcare coverage is vastly different in military divorces.   Depending on the length of the marriage, the duration of military service, and the time overlap between the two, the nonmilitary spouse may be eligible for one year of transitional healthcare coverage or full military healthcare coverage, to include TRICARE. 

You may have served your country as a service member or by supporting your military spouse.  Either way your service is our priority.   

Non-military spouses may be entitled to various benefits and support, including division of military retirement pay, spousal support, child support, healthcare coverage, and access to military facilities. The specific entitlements will depend on factors such as the length of the marriage, the length of the military service, and the needs of each spouse. 

Military Divorce

Members of the military face unique challenges when it comes to divorce. There are a lot of ways that military divorces differ from civilian divorces. There are unique rules regarding jurisdiction; service of process on military members who are deployed outside of Maryland and the division assets - especially military pensions, which are governed by special rules.  

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