Louisiana Military Divorce Calculator

Louisiana divides military retirement as community property under RS 9:2801, typically awarding the former spouse 50% of the marital portion. Federal law under 10 U.S.C. § 1408 (USFSPA) permits but does not require this division. The 2017 frozen benefit rule calculates the divisible amount using the servicemember's rank and years of service at the divorce date—not at retirement. Courts apply the time rule: marital service years divided by total service years at divorce, multiplied by 50%.

The 10/10 rule allows DFAS (Defense Finance and Accounting Service) to send retirement payments directly to a former spouse. Qualification requires the couple to have been married for at least 10 years, with 10 years of that marriage overlapping creditable military service. Without meeting the 10/10 threshold, the servicemember receives the full retirement check and must pay the former spouse's share privately. The rule affects payment mechanics—not whether retirement is divisible.

Former spouses may retain full TRICARE benefits under the 20/20/20 rule: 20 years of marriage, 20 years of military service, and 20 years of overlap between marriage and service. The 20/20/15 rule (15 years overlap) provides only one year of transitional coverage without commissary or exchange privileges. Remarriage before age 55 terminates eligibility. Those who don't qualify may purchase CHCBP (Continued Health Care Benefit Program) coverage for up to 36 months if applied for within 60 days of losing eligibility.

No, military disability pay cannot be divided in Louisiana divorce proceedings. Under 10 U.S.C. § 1408(a)(4), VA disability compensation and Chapter 61 disability retirement are excluded from divisible retired pay. The Supreme Court confirmed this in Mansell v. Mansell (1989) and Howell v. Howell (2017), ruling that states cannot divide disability directly or indirectly through indemnification orders. CRDP (Concurrent Retirement and Disability Pay) is also not divisible per 2023 DOD regulations.

Military couples have three filing options: the state where the servicemember is stationed, the servicemember's state of legal residence, or the non-military spouse's state of residence. Louisiana permits servicemembers stationed at installations like Barksdale AFB or Fort Johnson to file after 6 months in state and 90 days in the parish. However, for military retirement division, filing in the servicemember's domicile state avoids potential USFSPA jurisdictional issues with DFAS enforcement.

BAH (Basic Allowance for Housing) counts as gross income for Louisiana child support calculations, even though it's non-taxable. Courts include BAH because it increases the servicemember's actual ability to pay—2026 BAH rates rose an average of 4.2%. The with-dependents BAH rate applies to servicemembers paying child support. However, if the servicemember lives in on-base housing without cash BAH payments, courts may not impute that housing value to income since no direct monetary benefit is received.

The Survivor Benefit Plan (SBP) is military life insurance that pays a former spouse 55% of the designated base amount monthly if the retiree dies first. Louisiana courts can order SBP former spouse coverage in divorce decrees. The former spouse should file a deemed election via DD Form 2656-10 within one year of the court order to ensure coverage—regardless of whether the servicemember cooperates. Premiums are paid until 360 months and age 70 are both reached. Remarriage before age 55 suspends coverage.

Yes, the Servicemembers Civil Relief Act (SCRA) allows active-duty servicemembers to request a 90-day stay of divorce proceedings if military duties prevent court appearance. The stay can be renewed while service continues. Courts must grant the stay upon written request explaining how military service prevents participation and when availability is expected. However, SCRA protections require affirmative action—servicemembers must request the delay. Courts can deny stays if protections appear to be abused rather than legitimately needed.