Louisiana military divorce involves federal laws including the Servicemembers Civil Relief Act (SCRA) and Uniformed Services Former Spouses Protection Act (USFSPA) that intersect with Louisiana Civil Code Articles 102 and 103. Service members stationed in Louisiana for 6 or more months with 90 days parish residency establish domicile for filing purposes. Military divorce in Louisiana follows the same 180-day separation period (no minor children) or 365-day separation period (with minor children) as civilian divorces, but adds SCRA protections allowing 90-day stays of proceedings and special rules for dividing military retirement pay up to 50% of disposable retired pay.
| Key Fact | Details |
|---|---|
| Filing Fee | $200-$410 depending on parish (Orleans Parish approximately $332.50, St. Tammany Parish $410) |
| Waiting Period | 180 days (no children) or 365 days (with children) under La. C.C. Art. 103 |
| Residency Requirement | Domicile in Louisiana; military members stationed 6+ months with 90 days in parish qualify |
| Grounds | No-fault (separation) or fault (adultery, felony, abuse) |
| Property Division | Community property (50/50 split) |
| Military Pension Division | Up to 50% of disposable retired pay under USFSPA |
| SCRA Protection | 90-day minimum stay available for active-duty service members |
Louisiana Military Divorce Jurisdiction Requirements
Louisiana courts gain jurisdiction over military divorce when the service member has been stationed at a Louisiana military installation for 6 months and has resided in the filing parish for at least 90 days prior to filing, establishing domicile under Louisiana law. Unlike many states requiring 6-12 month residency periods, Louisiana requires only domicile, which means physical presence plus intent to remain. Service members maintaining Louisiana as their home of record can file for divorce in Louisiana even while stationed elsewhere, provided they have not established domicile in another state.
Louisiana hosts several major military installations including Barksdale Air Force Base in Bossier Parish, Fort Johnson (formerly Fort Polk) in Vernon Parish, Naval Air Station Joint Reserve Base New Orleans in Belle Chasse, and the Naval Support Activity in New Orleans. Service members at these installations often establish Louisiana domicile through voter registration, Louisiana driver's licenses, vehicle registration, and property ownership. The parish of last matrimonial domicile also provides proper venue for divorce proceedings under Louisiana law.
Proving Military Member Domicile in Louisiana
Courts examine multiple factors when determining whether a service member has established Louisiana domicile for divorce purposes:
- Louisiana driver's license or state identification card
- Louisiana voter registration
- Louisiana vehicle registration
- Rental agreement or mortgage documents for Louisiana residence
- Utility bills showing Louisiana address
- State tax returns filed in Louisiana
- Children enrolled in Louisiana schools
- Bank accounts at Louisiana financial institutions
- Membership in Louisiana churches, clubs, or organizations
Service members who have been in Louisiana for less than 6 months can still establish domicile by demonstrating intent to remain through the documentary evidence listed above. A rebuttable presumption of domicile arises after 6 months of Louisiana residency.
SCRA Protections in Louisiana Military Divorce
The Servicemembers Civil Relief Act (SCRA), codified at 50 U.S.C. § 3901 et seq., provides military personnel protection from civil court proceedings including divorce actions when military service prevents their participation. Under SCRA Section 3931, courts cannot enter default judgments against service members who fail to appear due to military duties without first appointing an attorney to represent the absent service member and protect their rights.
Service members may request a minimum 90-day stay (delay) of divorce proceedings when military duties prevent their appearance in court. The court must grant this initial stay if the service member provides a letter from their commanding officer stating that current military duties prevent their appearance and that military leave is not authorized. Additional 90-day stays may be granted at the court's discretion.
Before any Louisiana court can proceed with a military divorce where the service member has not appeared, the filing spouse must submit a Military Affidavit (also called an Affidavit of Non-Military Service) verifying the defendant's active-duty status. This verification can be obtained through the SCRA website (scra.dmdc.osd.mil) maintained by the Defense Manpower Data Center.
Filing Against a Deployed Service Member
Serving divorce papers on a deployed military spouse requires coordination with the military legal system. Options for service include:
- Service through the service member's command (legal assistance office forwards documents)
- Certified mail to the service member's deployed address (APO/FPO)
- Personal service by a process server authorized to access military installations
- Waiver of service signed by the service member (eliminates $50-$100 service cost)
Deployed service members who receive divorce papers should immediately contact their installation's legal assistance office for guidance on SCRA protections and response options.
Louisiana Divorce Grounds for Military Couples
Military couples in Louisiana file for divorce under the same grounds as civilian couples, governed primarily by Louisiana Civil Code Article 103. The most common path is no-fault divorce requiring continuous separation for either 180 days (couples without minor children) or 365 days (couples with minor children from the marriage).
No-Fault Divorce Requirements
Under Article 103, Louisiana recognizes living separate and apart as grounds for no-fault divorce. The separation period must be continuous, meaning reconciliation that includes resuming cohabitation resets the clock. Military couples face unique challenges maintaining separation when one spouse deploys, though deployment itself typically satisfies the separation requirement since spouses are not living together.
| Divorce Type | Separation Required | Applicable Situation |
|---|---|---|
| Article 103 No-Fault (no children) | 180 days | Spouses lived apart for 6 months before filing |
| Article 103 No-Fault (with children) | 365 days | Spouses with minor children lived apart 1 year before filing |
| Article 102 No-Fault (no children) | 180 days after filing | File petition, then wait 6 months |
| Article 102 No-Fault (with children) | 365 days after filing | File petition, then wait 1 year |
| Fault-Based | No waiting period | Adultery, felony conviction, or abuse proven |
Fault-Based Grounds
Article 103 also provides fault-based grounds that eliminate the separation waiting period entirely:
- Adultery by the other spouse
- The other spouse committed a felony and received a death sentence or imprisonment at hard labor
- Physical or sexual abuse of the filing spouse or a child during the marriage
Military spouses sometimes use fault-based grounds to avoid the 180 or 365-day waiting period, particularly when evidence of adultery exists. However, fault-based divorces require proving the alleged conduct, which can complicate and lengthen proceedings.
Military Pension Division Under USFSPA
The Uniformed Services Former Spouses Protection Act (USFSPA), 10 U.S.C. § 1408, authorizes state courts to treat military retirement pay as divisible property in divorce proceedings. Louisiana courts, following the state's community property regime, may award up to 50% of a service member's disposable retired pay to the former spouse as their share of marital property. This limit increases to 65% when combined with child support or alimony garnishment orders.
Disposable retired pay excludes several categories from division:
- Retired pay waived to receive VA disability compensation
- Disability pay from the Department of Defense
- Combat-Related Special Compensation (CRSC)
- Survivor Benefit Plan (SBP) premium deductions
- Court-martial forfeitures
- Overpayment recoupments
The 10/10 Rule for Direct DFAS Payment
The Defense Finance and Accounting Service (DFAS) will make direct payments to the former spouse only when the 10/10 rule is satisfied: the marriage must have lasted at least 10 years during which the service member performed at least 10 years of creditable military service. Meeting this threshold enables DFAS to send the former spouse's share directly rather than requiring the service member to make payments themselves.
The 10/10 rule affects only the payment method, not entitlement. Former spouses of shorter marriages may still receive a share of military retirement through court order, but the service member must make those payments directly rather than through DFAS garnishment.
Calculating the Former Spouse's Share
Louisiana courts typically use the "time rule" or "coverture fraction" to calculate the former spouse's share of military retirement:
Coverture Fraction = Months of marriage during military service ÷ Total months of military service
The former spouse receives 50% of the disposable retired pay multiplied by this fraction. For example, if a service member completed 20 years (240 months) of service and was married for 15 of those years (180 months), the coverture fraction equals 180/240 = 0.75. The former spouse would receive 50% × 0.75 = 37.5% of the disposable retired pay.
Submitting Orders to DFAS
To enforce pension division orders, the former spouse must submit:
- Certified copy of the divorce decree or court order specifying the division
- DD Form 2293 (Application for Former Spouse Payments from Retired Pay)
- Proof of marriage (marriage certificate)
These documents go to: DFAS Cleveland Center, ATTN: Garnishment Law Directorate, P.O. Box 998002, Cleveland, OH 44199-8002.
Military Benefits for Former Spouses
TRICARE Health Coverage
Former military spouses lose TRICARE eligibility upon divorce unless they qualify under the 20/20/20 rule: 20 years of marriage overlapping with 20 years of military service. Former spouses meeting only the 20/20/15 threshold (20 years marriage, 20 years service, 15 years overlap) retain TRICARE for one year post-divorce.
Disqualifying events for TRICARE include:
- Remarriage (permanent loss)
- Coverage under an employer-sponsored health plan (permanent loss)
Former spouses losing TRICARE may purchase coverage through the Continued Health Care Benefit Program (CHCBP) for up to 36 months if they enroll within 60 days of losing TRICARE eligibility.
Survivor Benefit Plan Coverage
The Survivor Benefit Plan (SBP) provides continuing income to beneficiaries if the service member dies before they do. Louisiana courts can order service members to maintain former spouse SBP coverage as part of the divorce decree. The order must be served on DFAS within one year of the divorce; otherwise, DFAS will not honor it.
Former spouses should file a deemed election (DD Form 2656-10) rather than relying on the service member to designate them. This protects the former spouse if the service member fails to act.
SBP coverage considerations:
- Remarriage before age 55 suspends SBP payments (reinstatement possible if new marriage ends)
- Remarriage after age 55 has no effect on SBP payments
- SBP premiums (currently 6.5% of base amount) reduce disposable retired pay
Commissary and Exchange Privileges
Commissary, exchange, and MWR privileges follow the 20/20/20 rule exclusively. Former spouses who do not meet this threshold lose access to military installations and shopping privileges upon divorce.
Child Custody in Military Divorce
Louisiana courts apply the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to determine which state has jurisdiction over custody matters. The child's home state (where the child lived for 6 months before filing) typically has exclusive jurisdiction.
Best Interest Standard
Louisiana uses the "best interest of the child" standard under Louisiana Civil Code Article 134 when awarding custody. Factors include:
- The emotional ties between each party and the child
- Each party's capacity to provide love, affection, and spiritual guidance
- Each party's capacity to provide food, clothing, medical care, and material needs
- The permanence of the proposed custodial home
- The moral fitness of each party
- The mental and physical health of each party
- The home, school, and community history of the child
- The reasonable preference of the child, if old enough to express one
- Willingness of each party to facilitate a relationship with the other parent
- Distance between the parties' residences
- Each party's history of family violence
Deployment and Custody Modifications
Deployment alone does not constitute a "material change in circumstances" sufficient to permanently modify custody in Louisiana. Courts may issue temporary modifications during deployment, but the pre-deployment custody order automatically reinstates upon the service member's return.
Temporary modification orders during deployment must:
- Specify deployment as the reason for modification
- Grant the deploying parent reasonable custody or visitation during approved military leave
- Require 30-day advance notice of any address or phone number changes
- Allow delegation of visitation to a family member with a substantial relationship to the child (grandparent, aunt/uncle, etc.)
Courts cannot enter permanent custody modifications until 90 days after deployment ends, unless a full custody trial occurred before deployment.
Family Care Plans
Military regulations require single parents and dual-military couples to maintain family care plans designating temporary caregivers during deployment. These plans must align with court-ordered custody arrangements and cannot contradict the other parent's rights. Service members should update family care plans after any custody modification.
Military Child Support Calculations
Louisiana child support follows guidelines under Louisiana Revised Statute 9:315 et seq., which calculate support based on the combined gross income of both parents. For military parents, gross income includes:
- Base pay
- Basic Allowance for Housing (BAH)
- Basic Allowance for Subsistence (BAS)
- Flight pay, hazardous duty pay, and special pays
- Bonuses (prorated monthly)
- Sea pay and foreign duty pay
Although BAH and BAS are not taxable and technically not considered base pay, Louisiana courts include these allowances in gross income calculations because they increase the service member's actual ability to pay support.
BAH-Differential for Child Support
Service members assigned to single-type government quarters who pay child support receive BAH-Differential (BAH-Diff). This amount equals the difference between the with-dependent and without-dependent BAH rates for the service member's pay grade. Service members paying child support while living on the local economy receive the with-dependent BAH rate.
2026 BAH rates increased an average of 4.2% effective January 1, 2026. Specific rates vary by location, pay grade, and dependency status. Use the official BAH Calculator at the Defense Travel Management Office website to determine current rates.
Louisiana Community Property Division in Military Divorce
As one of nine community property states, Louisiana presumes all assets acquired during marriage belong equally to both spouses. Under Louisiana Revised Statute 9:2801, courts divide community assets and liabilities so each spouse receives property of equal net value.
Community property in military marriages includes:
- Military retirement pay earned during the marriage (subject to USFSPA)
- Thrift Savings Plan (TSP) contributions made during marriage
- Real estate purchased during marriage with community funds
- Vehicles acquired during marriage
- Bank accounts, investments, and savings accumulated during marriage
- Personal property and household goods acquired during marriage
Separate Property
Separate property belongs exclusively to one spouse and is not subject to division:
- Assets owned before marriage
- Inheritances received by one spouse (even during marriage)
- Gifts received by one spouse from third parties
- Property acquired after filing for divorce
- VA disability compensation (cannot be divided as property)
Equalizing Payments
When assets cannot be physically divided equally, Louisiana courts may order one spouse to make an equalizing payment to the other. For example, if one spouse receives the family home worth $300,000 and the other receives vehicles and accounts worth $200,000, the spouse receiving the home may owe a $50,000 equalizing payment.
Filing Fees and Court Costs by Parish
Louisiana filing fees vary by parish. The following table provides approximate costs as of March 2026. Verify current fees with your local Clerk of Court before filing.
| Parish | Filing Fee (Approximate) |
|---|---|
| Orleans Parish | $332.50 |
| Jefferson Parish | $300-$350 |
| East Baton Rouge Parish | $325-$375 |
| Caddo Parish | $275-$325 |
| St. Tammany Parish | $410 |
| Lafayette Parish | $300-$600 |
| Rural Parishes | $200-$300 |
Additional costs include:
- Service of process (sheriff): $50-$100
- Service of process (waiver signed by spouse): $0
- Certified copies of documents: $5-$25 each
- Parenting seminar (if required): $50-$100
Fee Waivers for Low-Income Filers
Louisiana courts grant fee waivers through a Petition to Proceed In Forma Pauperis for households with income below 125% of federal poverty guidelines ($18,075 for individuals, $36,900 for families of four in 2026). Applicants receiving means-tested benefits (SNAP, Medicaid, SSI) typically receive automatic approval upon proof of enrollment.
Frequently Asked Questions
Can I file for military divorce in Louisiana if I am stationed here but my spouse lives in another state?
Yes, Louisiana courts have jurisdiction when a service member has been stationed in Louisiana for 6 months and resided in the filing parish for 90 days, establishing domicile under Louisiana law. The service member must file in the parish of their residence or the parish of last matrimonial domicile. However, if the divorce involves military retirement division, the court must have personal jurisdiction over the service member, which requires additional analysis.
How long does a military divorce take in Louisiana?
A military divorce in Louisiana requires a minimum waiting period of 180 days (no minor children) or 365 days (with minor children) of separation under La. C.C. Art. 103. SCRA protections allowing 90-day stays can extend contested cases significantly. Uncontested military divorces may be finalized within 2-3 months after the separation period ends, while contested cases involving pension division and custody disputes may take 12-24 months.
Does the 10/10 rule mean I get nothing if we were married less than 10 years?
No, the 10/10 rule only affects the payment method for military pension division. If you were married less than 10 years during military service, Louisiana courts can still award you a share of the retirement benefit. However, DFAS will not make direct payments to you; the service member must pay your share directly each month after they retire.
Can my spouse take custody of our children while I am deployed?
No, deployment alone cannot serve as the basis for a permanent custody modification in Louisiana. Courts may issue temporary custody modifications during deployment, but the pre-deployment order automatically reinstates when you return. Additionally, the SCRA allows you to request a stay of custody proceedings if you cannot participate due to military duties.
Is my military disability pay subject to division in Louisiana?
No, VA disability compensation cannot be divided as marital property in Louisiana or any state. However, if a service member waives a portion of retirement pay to receive VA disability (a common tax strategy), the former spouse may see their share of retirement pay reduced. Some divorce agreements include provisions requiring the service member to pay the difference.
What happens to TRICARE coverage for me and my children after military divorce?
Children of military members retain TRICARE eligibility regardless of divorce. Former spouses lose TRICARE eligibility unless they meet the 20/20/20 rule (20 years married, 20 years service, 20 years overlap). Former spouses meeting the 20/20/15 threshold keep TRICARE for one year post-divorce. Remarriage or employer health coverage permanently disqualifies former spouses from TRICARE.
How is BAH included in Louisiana child support calculations?
Louisiana courts include Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) as part of gross income when calculating child support under Louisiana guidelines. These tax-free allowances are counted because they represent actual financial resources available to support children. The 2026 BAH rates increased 4.2% on average from 2025.
Can I request a delay in divorce proceedings if I am deployed?
Yes, the Servicemembers Civil Relief Act (SCRA) entitles active-duty service members to a minimum 90-day stay of civil proceedings including divorce when military duties prevent participation. You must submit a letter from your commanding officer stating that current duties prevent your appearance and that leave is not authorized. Courts may grant additional 90-day stays at their discretion.
What military installations are in Louisiana for filing purposes?
Louisiana's major military installations include Barksdale Air Force Base (Bossier Parish), Fort Johnson/Fort Polk (Vernon Parish), Naval Air Station Joint Reserve Base New Orleans (Plaquemines Parish), and Naval Support Activity New Orleans (Orleans Parish). Service members stationed at any of these installations for 6 months with 90 days parish residency establish Louisiana domicile.
How do I ensure I receive my share of the military pension after divorce?
After obtaining a divorce decree specifying your share of military retirement, submit a certified copy along with DD Form 2293 and your marriage certificate to DFAS. If you meet the 10/10 rule (10 years married during 10 years of service), DFAS will make direct payments to you. For SBP coverage, file a deemed election (DD Form 2656-10) within one year of the divorce to protect your survivor benefits.
Reviewed by Antonio G. Jimenez, Esq. (Florida Bar No. 21022) | Content current as of March 2026