Colorado Military Divorce Calculator

Colorado courts divide military retirement as marital property under the Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408), but only the portion earned during the marriage is divisible. Under the Frozen Benefit Rule from the 2017 NDAA, the former spouse's share is calculated using the servicemember's rank and High-3 pay as of the divorce date, excluding any post-divorce promotions or longevity increases. Federal law caps DFAS direct payments to former spouses at 50% of disposable retired pay.

The 10/10 rule requires 10 years of marriage overlapping with 10 years of creditable military service for DFAS to make direct retirement payments to the former spouse. This rule determines payment method only—Colorado courts can still divide military retirement even without 10 years of overlap. If the 10/10 threshold isn't met, the servicemember must pay the former spouse directly rather than through DFAS garnishment.

Former military spouses can retain TRICARE coverage under the 20/20/20 rule: 20 years of marriage, 20 years of military service, and 20 years of overlap between the two. This provides permanent TRICARE eligibility, commissary access, and military ID privileges unless you remarry. The 20/20/15 rule (15 years overlap instead of 20) provides only one year of transitional TRICARE coverage after divorce, with no base access privileges.

Military disability pay from the VA is not divisible as marital property under federal law. However, Colorado courts under C.R.S. § 14-10-115 count disability benefits as gross income for calculating child support and spousal maintenance. If a servicemember waives retirement pay to receive disability benefits, this reduces the divisible retirement amount, but courts often compensate through additional maintenance awards.

You can file for military divorce in Colorado if either spouse has been a Colorado resident for at least 91 days. For servicemembers, residency requires establishing domicile through intent to make Colorado your permanent home—not mere stationing. Colorado courts look for factors like a Colorado driver's license, voter registration, vehicle registration, and Colorado income tax filing. Simply being stationed at Fort Carson or other Colorado bases doesn't establish domicile for divorce jurisdiction.

Colorado includes BAH (Basic Allowance for Housing) as gross income for child support calculations under C.R.S. § 14-10-115. Even though BAH is not federally taxable, Colorado courts treat it as income because it reduces personal living expenses. For 2026, a Colorado Springs E-5 with dependents receives $2,340/month in BAH. Courts may also impute BAH value for servicemembers living in on-base housing at no cost.

The Survivor Benefit Plan (SBP) is military life insurance that pays the beneficiary 55% of the designated base amount if the retiree dies. Without SBP coverage, a former spouse loses their retirement share upon the servicemember's death. Colorado courts routinely order SBP coverage for former spouses at a premium cost of 6.5% of the base amount. Former spouse coverage must be elected using DD Form 2656-1 within one year of the divorce decree.

Yes, the Servicemembers Civil Relief Act (SCRA) entitles active-duty servicemembers to a mandatory 90-day stay of divorce proceedings when military service materially affects their ability to appear in court. The servicemember must provide a written request with a commander's statement confirming duties prevent appearance and stating when they might be available. Courts may grant additional 90-day stays if service continues to prevent participation, though abuse of SCRA protections can result in denial.