Nebraska Military Divorce Calculator

Nebraska courts divide military retirement as marital property under the Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408). Courts typically apply the coverture formula, awarding the non-military spouse a percentage based on years of marriage overlapping military service. Following 2016 USFSPA amendments, division is calculated using the servicemember's rank and pay grade at divorce—not at actual retirement. The former spouse receives their share as a percentage of disposable retired pay.

The 10/10 rule requires at least 10 years of marriage overlapping 10 years of creditable military service for the Defense Finance and Accounting Service (DFAS) to pay the former spouse's share directly. Meeting this threshold means payments come straight from DFAS rather than depending on the servicemember. Military pensions can still be divided in shorter marriages—the 10/10 rule only affects the payment method, not divisibility.

TRICARE eligibility after divorce depends on federal rules, not Nebraska law. The 20/20/20 rule provides lifetime TRICARE coverage if your marriage lasted 20+ years, overlapping 20+ years of military service. The 20/20/15 rule (15-year overlap) provides only one year of transitional coverage. Remarriage terminates TRICARE eligibility permanently, even if the subsequent marriage ends. Former spouses not meeting these requirements may purchase CHCBP coverage within 60 days of divorce.

No—military disability pay is federally protected and cannot be divided as marital property under Mansell v. Mansell (1989) and 10 U.S.C. § 1408. When servicemembers waive retirement pay to receive VA disability compensation, this reduces the disposable retired pay available for division. However, Nebraska courts may consider disability payments as income when calculating child support and alimony obligations.

Nebraska allows military divorce filing if either spouse has been a Nebraska resident for one year, or if a servicemember has been stationed continuously at a Nebraska base for one year under Neb. Rev. Stat. § 42-349. However, to divide military retirement, the court must have jurisdiction through the servicemember's residence, domicile, or consent. You can file in the county where either spouse resides, and filing fees are approximately $162.

Nebraska courts include Basic Allowance for Housing (BAH) as income when calculating child support under § 42-364 guidelines, even though BAH is not taxable. In 2026, Nebraska BAH rates at Offutt AFB range from $1,446 to $2,391 monthly depending on pay grade and dependent status. If a servicemember lives in on-base housing and receives no cash BAH, courts may impute fair market housing value. The full BAH amount increases the payor's gross income for support calculations.

The Survivor Benefit Plan (SBP) under 10 U.S.C. § 1448 provides a monthly annuity of 55% of the designated base amount to a beneficiary upon the servicemember's death. Nebraska courts can order former-spouse SBP coverage in the divorce decree. The servicemember must submit DD Form 2656-1 within one year of the divorce to convert spouse coverage to former-spouse coverage. If the servicemember fails to elect, the former spouse can request deemed election from DFAS within one year.

Yes—the Servicemembers Civil Relief Act (50 U.S.C. § 3932) allows active-duty servicemembers to request a mandatory 90-day stay of divorce proceedings if military service materially affects their ability to appear. The servicemember must submit a written request with a commanding officer's statement confirming unavailability and leave denial. Courts may grant additional 90-day extensions. The SCRA also prevents default judgments against servicemembers who have not received proper notice.