Military families face distinctive challenges in divorce than non-military families. These challenges are inherent to a career where our heroic men and women may be called upon to serve overseas and in combat zones. Other challenges make family life difficult without the added stress of divorce such as periodic relocation, government funding challenges, and the rules and regulations for military service.
Washington State is home to some of the nation’s largest and most active military communities, including Joint Base Lewis–McChord (JBLM) near Tacoma, Naval Base Kitsap in Bremerton, Naval Air Station Whidbey Island, Naval Station Everett, and Fairchild Air Force Base near Spokane. Each branch’s presence makes Washington a state deeply intertwined with military life and with it, the complex legal issues that military families face when separation becomes unavoidable.
Service members stationed in Washington, or married to someone who lives here, can generally file for divorce in Washington State, even if their legal residence is in another state. This jurisdictional flexibility allows many military families to resolve family law matters locally while continuing to serve.
The attorneys at Pacific Northwest Family Law have helped service members and their spouses divide property, set up flexible parenting plans, and address benefits and retirement. We work with you to ensure that your service and sacrifice for our freedoms do not mean you sacrifice your family.
If you would like to learn more about how divorce works in Washington, you can visit our page Divorce In Washington State for more information.
Key Legal Differences in Military Divorce
How is a military divorce different from a civilian divorce?
The process is similar, but timing, benefits, and jurisdiction work differently. The Servicemembers Civil Relief Act (SCRA) allows courts to delay proceedings if active duty prevents participation, and military pay, housing, and retirement are affected by federal laws like the Uniformed Services Former Spouses’ Protection Act (USFSPA).
Where should I file if I’m stationed out of state or overseas?
You can usually file in Washington if you or your spouse live here, claim residency, or are stationed here. If you’re deployed or living abroad, you can still file in your Washington county of residence under RCW 26.09.030.
Can I file for divorce while on active duty?
Yes, but deployment can delay the timeline. The SCRA allows the court to pause proceedings so service members aren’t disadvantaged by their duties.
Does it matter where I was married if I’m now stationed in Washington?
No. Washington courts can still hear your case if you or your spouse meet state residency or stationing requirements.
Military Pay, Retirement, and Benefits in Divorce
What happens to military retirement or pension in divorce?
Military retirement is divisible under federal law through the USFSPA (10 U.S.C. § 1408). Washington courts divide the portion earned during marriage as community property, and DFAS may pay the former spouse directly if the marriage and service overlap at least 10 years.
How are military pensions divided if the marriage didn’t last 10 years?
The court may still divide the pension because the 10-year rule only affects DFAS direct payment eligibility, not the right to division itself.
Can a non-military spouse keep health care or benefits after divorce?
It depends on service length and overlap. Under the 20/20/20 rule (20 years of marriage, 20 years of service, 20 years overlap), full benefits remain; the 20/20/15 rule provides one year of transitional TRICARE.
How does divorce affect VA disability benefits?
VA disability pay isn’t divisible as property but may influence support calculations. Federal law bars direct division but permits consideration in fairness and need.
Can the military garnish my pay for spousal or child support?
Yes. DFAS and the Department of Defense can process wage garnishment or voluntary allotments for court-ordered support under 5 U.S.C. § 5520a.
What happens to BAH or other allowances during divorce?
Basic Allowance for Housing (BAH) usually adjusts once dependents no longer reside with the service member. Temporary orders can fairly allocate housing costs while protecting income from double-counting.
How does divorce affect military housing or base privileges?
Non-military spouses lose base access after divorce unless they qualify under the 20/20/20 rule. Service members may have to vacate family housing when dependents move off base.
Parenting, Deployment, and Custody Issues in Military Families
How is service time or deployment handled in parenting plans?
Washington law protects deployed parents from losing custody due to service. Parenting plans can include delegation provisions so a family member can temporarily care for children (RCW 26.09.260(11)).
Can a deployed parent video call or communicate with their children during service?
Yes. Virtual visitation is routinely included in parenting plans to preserve the parent-child relationship during deployment.
What happens if both parents are service members?
Parenting plans can alternate physical custody or designate a family caretaker during overlapping deployments. Courts focus on the child’s stability and predictability.
How does the Servicemembers Civil Relief Act affect divorce timelines?
The SCRA prevents default judgments or unfair deadlines when a service member’s duties interfere with participation, ensuring due process is protected.
➡ [Parenting and Custody in Military Divorce]
Practical and Emotional Topics
Do I need a civilian attorney for a military divorce?
Yes. JAG attorneys can advise on rights and benefits but cannot represent you in civilian court. Hiring a Washington family law attorney ensures your case meets both state and federal requirements.
Can a military spouse get alimony in Washington?
Yes. Washington’s RCW 26.09.090 allows either spouse to receive maintenance based on need and fairness, regardless of military status.
What support exists for military spouses during divorce?
Each branch has legal and family support offices that offer counseling, housing transition help, and financial planning resources, though they don’t replace independent legal counsel.
How Pacific Northwest Family Law Helps
Military divorce requires juggling state law, federal regulation, and military procedure. Our attorneys understand the demands of service and the importance of protecting your rights both at home and abroad.
We work directly with DFAS, JAG officers, and military family support units to ensure every step of the process is handled efficiently and with respect for military life. Whether you are dividing pensions, negotiating spousal maintenance, or building a parenting plan that accommodates deployment schedules, we help you make informed decisions that preserve stability for you and your family.
At Pacific Northwest Family Law, we are proud to serve those who serve our country and help make sure the next generation shares in the values and sacrifices of their parents.
You may be interested in exploring related topics
- You can learn more about property treatment in divorce at our page Property Division and Assets
- [You can learn more about child support at our page Child Support ]
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, November 2025.