New York Military Divorce Calculator

New York courts divide military retirement using the Majauskas formula under the Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408). The formula calculates the marital share by dividing years of service during marriage by total service at retirement, then multiplying by 50%. Only "disposable retired pay" is divisible—amounts waived for VA disability are excluded. The frozen benefit method caps the divisible amount at the servicemember's rank and years as of the divorce date.

The 10/10 rule under USFSPA determines when the Defense Finance and Accounting Service (DFAS) will pay a former spouse directly. It requires 10 years of marriage overlapping with 10 years of creditable military service. This rule affects only the payment method—not whether the former spouse is entitled to retirement benefits. Even without meeting the 10/10 rule, a former spouse may still receive their court-ordered share, but payment must come directly from the servicemember.

TRICARE eligibility after divorce depends on the 20/20/20 and 20/20/15 rules. Under the 20/20/20 rule, former spouses retain full TRICARE benefits indefinitely if the marriage lasted 20 years, with 20 years of military service, and 20 years of overlap. Under the 20/20/15 rule (15 years of overlap), coverage continues for only one year post-divorce. Former spouses who don't qualify can purchase CHCBP transitional coverage within 60 days of divorce, providing up to 36 months of TRICARE-equivalent benefits.

No. Federal law under 10 U.S.C. § 1408 explicitly excludes VA disability payments from "disposable retired pay" that state courts can divide. The 2017 Supreme Court decision in Howell v. Howell further prohibits courts from ordering servicemembers to indemnify former spouses when retirement pay is reduced by VA disability waivers. However, disability pay is still counted as income for calculating child support and spousal maintenance obligations.

New York waives standard residency requirements for active-duty servicemembers. Military members may file for divorce in New York if it is their state of legal residence (domicile) or if they are currently stationed in New York. Spouses may also file in the servicemember's state of legal residence, state of current station, or their own state of residence. The choice of jurisdiction matters because state law—not federal law—determines how assets are actually divided.

New York courts include Basic Allowance for Housing (BAH) as income when calculating child support. Although BAH is tax-free and not reported on federal tax returns, family courts treat it as cash compensation for support purposes. If a servicemember lives in on-base housing and doesn't receive BAH directly, courts may impute the fair market value of that housing. Child support in New York is calculated using combined parental income percentages: 17% for one child, 25% for two, up to 35% for five or more children.

The Survivor Benefit Plan (SBP) under 10 U.S.C. §§ 1447-1455 provides continued income to survivors if the military retiree dies first. Former spouses can be designated as SBP beneficiaries through voluntary election or court order. The servicemember or former spouse must file DD Form 2656-1 within one year of the divorce decree. If the servicemember fails to elect coverage, the former spouse can file DD Form 2656-10 for a "deemed election" within the same one-year deadline.

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 when military duties prevent court appearance. Additional 90-day stays may be granted at the court's discretion. The SCRA also protects against default judgments—courts must appoint an attorney to represent absent servicemembers. These protections extend 90 days after military service ends, though courts may deny stays if the servicemember is misusing protections to delay proceedings.