New Hampshire Military Divorce Calculator

New Hampshire divides military retirement as marital property under RSA 458:16-a and federal USFSPA (10 U.S.C. § 1408). The court presumes equal division is equitable but considers marriage duration and pension earned during coverture. For post-December 2016 divorces, the frozen benefit rule caps the divisible amount at the servicemember's rank and service years at divorce—future promotions benefit only the servicemember. Courts use a coverture fraction: marital service months divided by total service months, multiplied by the retirement benefit.

The 10/10 rule requires 10 years of marriage overlapping 10 years of creditable military service for DFAS to pay the former spouse's share directly from the servicemember's retired pay. Without meeting this threshold, the former spouse still has a legal right to their court-ordered portion—but the servicemember must pay them directly rather than through automatic DFAS garnishment. The 10/10 rule is administrative, not a limit on property division.

TRICARE eligibility after divorce depends on federal rules, not New Hampshire law. Under the 20/20/20 rule, former spouses retain full TRICARE benefits indefinitely if the marriage lasted 20+ years, the servicemember served 20+ years, and 20+ years overlapped. The 20/20/15 rule (15-year overlap) provides only one year of transitional coverage. Remarriage before age 55 suspends TRICARE eligibility. Former spouses not qualifying may purchase CHCBP coverage within 60 days of divorce.

No. Federal law under 10 U.S.C. § 1408(a)(4) excludes VA disability compensation from divisible 'disposable retired pay.' The U.S. Supreme Court in Mansell v. Mansell (1989) and Howell v. Howell (2017) confirmed states cannot divide disability pay directly or order indemnification when a retiree waives retirement for disability benefits. However, New Hampshire courts may consider disability income when calculating child support under RSA 458-C:2's broad definition of gross income.

You may file for military divorce in New Hampshire if you meet RSA 458 residency requirements: one spouse resided in New Hampshire for at least one year before filing, or the petitioner lives in New Hampshire and serves the respondent within state borders. Active-duty servicemembers stationed in New Hampshire may file there regardless of their state of legal residence. For USFSPA jurisdiction over military retirement, at least one of three conditions must be met: servicemember domicile, servicemember residence, or servicemember consent.

New Hampshire RSA 458-C:2 defines gross income as 'all income from any source,' which courts have interpreted to include military allowances. Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are typically counted as income for child support calculations despite being tax-exempt. New Hampshire courts have held that federal tax exemption does not preclude including veterans' benefits and allowances in gross income for support purposes.

The Survivor Benefit Plan (SBP) under 10 U.S.C. §§ 1447-1455 provides monthly income to a designated beneficiary if the retiree dies. In divorce, courts may order former spouse coverage, but the servicemember must file DD Form 2656-1 within one year of the divorce decree. As protection, former spouses should submit DD Form 2656-10 for a 'deemed election' to ensure coverage regardless of the servicemember's compliance. Only one beneficiary (spouse or former spouse) may be covered.

Yes. The Servicemembers Civil Relief Act (50 U.S.C. § 3932) grants active-duty servicemembers a mandatory minimum 90-day stay of divorce proceedings when military duties materially affect their ability to appear in court. The servicemember must submit a written application with a commander's statement confirming duty requirements and leave unavailability. Courts may grant additional 90-day extensions. SCRA also protects against default judgments and allows reopening judgments entered during military service.