Delaware Military Divorce Calculator

Delaware Family Court divides military retirement as marital property under 13 Del.C. § 1513 and the federal USFSPA (10 U.S.C. § 1408). Courts may award up to 50% of disposable retired pay to a former spouse using equitable distribution principles. For servicemembers still on active duty, Delaware must use the frozen benefit method mandated by the 2017 NDAA, calculating division based on the member's high-36 average and creditable service months at the time of divorce rather than at actual retirement.

The 10/10 rule requires 10 years of marriage overlapping with 10 years of creditable military service for DFAS to make direct payments to a former spouse. This rule does not affect whether Delaware courts can divide the pension—only whether DFAS will enforce the payment directly. If the 10/10 requirement is not met, the court order remains valid, but the servicemember must make payments directly to the former spouse rather than through automatic DFAS deduction.

Former spouses who meet the 20/20/20 rule—20 years of marriage, 20 years of military service, with 20 years overlapping—retain full TRICARE benefits indefinitely unless they remarry or obtain employer-sponsored coverage. The 20/20/15 rule (15-year overlap) provides only one year of transitional TRICARE coverage after divorce. Former spouses not meeting either threshold may purchase CHCBP coverage for up to 36 months, but must apply within 60 days of losing TRICARE eligibility.

No, VA disability pay cannot be divided as marital property in Delaware or any state. Under the Supreme Court's 2017 Howell v. Howell decision, states cannot order servicemembers to reimburse former spouses when disability waivers reduce disposable retired pay after divorce. If a servicemember waives retirement pay to receive VA disability benefits, the former spouse's share decreases proportionally with no legal remedy for compensation.

Delaware allows military divorce filing if either spouse has resided in the state or been stationed there for at least 6 months continuously before filing, per 13 Del.C. § 1504. Military members stationed in Delaware satisfy residency even without permanent domicile. However, for USFSPA jurisdiction over military retirement, the servicemember must have residence (not military assignment), domicile, or consent to jurisdiction in Delaware—otherwise the court cannot divide retired pay.

Delaware child support guidelines include BAH (Basic Allowance for Housing) and BAS (Basic Allowance for Subsistence) as gross income. However, BAH is capped at the Dover Air Force Base with-dependents rate regardless of actual duty station. Because military allowances are nontaxable, Delaware applies a 25% surcharge to these amounts on Line 2 of the child support worksheet. Servicemembers living in government housing who receive no cash BAH may have no housing allowance counted.

The Survivor Benefit Plan (SBP) pays 55% of the selected base amount to a surviving beneficiary if the retiree dies first. Delaware courts can order former spouse SBP coverage, but the election must be filed using DD Form 2656-1 within one year of the divorce decree. Former spouses should file a deemed election using DD Form 2656-10 rather than relying on the servicemember to elect coverage—missed deadlines result in permanent loss of SBP rights.

Yes, the Servicemembers Civil Relief Act (SCRA) allows active-duty military members to request a minimum 90-day stay if military duties materially affect their ability to participate in divorce proceedings. The stay is not automatic—the servicemember must submit a written statement explaining how service requirements prevent court appearance. Courts may grant additional stays at their discretion, and the SCRA also prevents default judgments without court-appointed counsel for absent servicemembers.