Oregon Military Divorce Calculator

Oregon courts divide military retirement under the Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408), which treats disposable retired pay as divisible marital property. Courts typically apply the "time rule" formula—if married 10 years during a 20-year career, 50% is marital property subject to equitable division. Only disposable retired pay qualifies; VA disability benefits are federally protected from division under the Supreme Court's Howell v. Howell decision.

The 10/10 rule determines whether DFAS (Defense Finance and Accounting Service) will pay retirement directly to the ex-spouse. It requires 10 years of marriage overlapping 10 years of creditable military service. If your marriage doesn't meet this threshold, the court can still divide retirement—the servicemember simply pays the former spouse directly rather than through DFAS garnishment. The 10/10 rule affects payment method, not entitlement to division.

Former spouses retain TRICARE eligibility under the 20/20/20 rule: 20-year marriage, 20-year military service, and 20-year overlap between the two. This provides lifetime benefits including commissary and exchange access unless you remarry. The 20/20/15 rule (15-year overlap) grants only one year of transitional coverage with no base privileges. If ineligible, you may purchase CHCBP coverage within 60 days of divorce for up to 36 months.

No. VA disability pay cannot be divided in Oregon divorce proceedings. Federal law and the U.S. Supreme Court ruling in Howell v. Howell (2017) prohibit state courts from treating disability benefits as marital property or ordering servicemembers to reimburse ex-spouses when disability waivers reduce retirement pay. If a servicemember converts retirement to disability post-divorce, the ex-spouse's share decreases with no legal remedy.

Military members can file in Oregon if they meet residency requirements under ORS 107.075: either spouse must reside or maintain domicile in Oregon, with six months of continuous residency preferred. Servicemembers can file in their state of legal residence (domicile), the state where stationed if residency requirements are met, or the non-military spouse can file where they reside. Oregon courts need jurisdiction over the servicemember to divide military retirement under USFSPA.

Under Oregon Administrative Rule 137-050-0715, Basic Allowance for Housing (BAH) counts as income for child support calculations because it reduces personal living expenses. Although BAH is not taxable federal income, Oregon family courts include it when determining a parent's ability to pay support. The 2026 BAH rates increased 4.2% on average. Even tax-free allowances like BAS (Basic Allowance for Subsistence) may be included in gross income calculations.

The Survivor Benefit Plan (SBP) provides 55% of the selected base amount to a surviving spouse or former spouse after the retiree's death. Without SBP, military retirement payments stop completely upon the servicemember's death. Oregon courts can order SBP coverage for former spouses in divorces occurring after November 14, 1986. Former spouses must file DD Form 2656-10 within one year of the divorce decree to protect their election rights.

Yes. Under the Servicemembers Civil Relief Act (50 U.S.C. § 3932), active-duty military members can request a mandatory 90-day stay of divorce proceedings if military service prevents court appearance. The servicemember must submit a written application with a commander's statement confirming duty prevents appearance and leave is unavailable. Additional stays may be granted at the court's discretion. SCRA also prohibits default judgments against servicemembers who haven't responded to divorce petitions.