Indiana Military Divorce Calculator

Indiana courts divide military retirement under the Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408) only if retirement benefits are vested when the divorce petition is filed — making Indiana one of two states with this restriction. Under Indiana Code § 31-15-7-4, courts presume equal division of marital property and may award the former spouse a percentage using the time rule formula. The non-military spouse bears the burden of proving the pension was vested at the time of filing.

The 10/10 rule allows the Defense Finance and Accounting Service (DFAS) to send military retirement payments directly to a former spouse if the marriage lasted at least 10 years overlapping 10 years of creditable military service. This rule does not affect entitlement to a share — only the payment method. Without meeting 10/10, the former spouse must collect their court-ordered share directly from the servicemember, which requires private enforcement of the divorce decree.

Former spouses who meet the 20/20/20 rule retain full TRICARE benefits for life: 20 years of marriage, 20 years of military service, and 20 years where both overlap. Under the 20/20/15 rule (15 years of overlap), benefits continue for only one year post-divorce. Former spouses who remarry before age 55 lose TRICARE eligibility during that marriage. Those who don't qualify may purchase Continued Health Care Benefit Program (CHCBP) coverage within 60 days of divorce for up to 36 months.

No — VA disability pay is federally protected from division under 10 U.S.C. § 1408(a)(4). When a servicemember waives retirement pay to receive VA disability benefits, that waived amount is excluded from disposable retired pay available for division. The U.S. Supreme Court's 2017 Howell decision confirmed states cannot order indemnification to compensate for disability waivers. Only the remaining disposable retirement pay after disability offset can be divided.

Under Indiana Code § 31-15-2-6, you may file in Indiana if either spouse resided in the state or was stationed at an Indiana military installation for at least six months before filing, plus three months in the specific county. Military members can file in their state of legal domicile, current duty station state, or spouse's residence state. Indiana courts gain jurisdiction over out-of-state servicemembers if they consent, maintain Indiana domicile, or have sufficient contacts with Indiana.

Indiana Child Support Guidelines count Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) as gross income for child support calculations, even though these allowances are tax-exempt. The Guidelines define income broadly to include all financial resources. Because BAH and BAS are untaxed, courts may adjust for the standard 21.88% tax rate assumed in the guidelines. Service members living in government quarters may have housing value imputed as income.

The Survivor Benefit Plan (SBP) under 10 U.S.C. §§ 1447-1455 provides former spouses 55% of the designated retirement base amount if the servicemember dies first. Indiana courts can order SBP former spouse coverage using DD Form 2656-1, which must be filed within one year of the divorce decree. Former spouses should file DD Form 2656-10 to request a deemed election ensuring court-ordered coverage takes effect even if the servicemember fails to act.

Yes — the Servicemembers Civil Relief Act (50 U.S.C. § 3901) grants active-duty servicemembers an automatic 90-day stay of divorce proceedings when military duties prevent court appearance. To qualify, the servicemember must submit a statement explaining how duties materially affect their ability to appear, a predicted availability date, and a commanding officer's letter confirming leave unavailability. Courts may grant additional 90-day stays. SCRA also prevents default judgments against non-responding servicemembers.