South Carolina Military Divorce Calculator

South Carolina courts divide military retirement as marital property under the Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408) and state equitable distribution law (S.C. Code § 20-3-620). Only the portion earned during the marriage is divisible, and DFAS caps former spouse payments at 50% of disposable retired pay. Courts apply 15 statutory factors to determine the equitable share, which may not equal 50%.

The 10/10 rule under USFSPA determines whether DFAS will pay a former spouse's share directly from military retirement. It requires at least 10 years of marriage overlapping with 10 years of creditable military service. Without meeting this threshold, courts can still award retirement benefits, but the retiree—not DFAS—must make payments to the former spouse.

The 20/20/20 rule grants lifetime TRICARE eligibility if you were married 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 terminates benefits under either rule, even if that subsequent marriage ends. Former spouses not meeting these thresholds may purchase CHCBP coverage within 60 days of divorce.

No. VA disability compensation and Combat-Related Special Compensation (CRSC) cannot be divided as marital property under federal law, per the Supreme Court's ruling in Mansell v. Mansell. When servicemembers waive retirement pay to receive tax-free disability benefits, the divisible retirement amount decreases accordingly. However, disability pay is still counted as income for child support calculations and can be garnished for support obligations.

Military families may file in South Carolina if: (1) either spouse has resided there for one year, (2) the servicemember has been stationed there for three months, or (3) South Carolina is the servicemember's legal residence for tax purposes under S.C. Code § 20-3-10. Alternatively, filing may occur in the state where either spouse resides or where the servicemember maintains legal domicile.

South Carolina courts include Basic Allowance for Housing (BAH) as income when calculating child support, despite its tax-exempt status. Courts focus on actual financial resources, not just taxable base pay. If a servicemember lives in government housing and receives no cash BAH, courts may impute fair market housing value. BAH-DIFF applies when a servicemember without custody pays child support while residing in single-type quarters.

The Survivor Benefit Plan (SBP) provides a 55% annuity to a surviving former spouse based on a designated base amount up to full retired pay. Coverage must be elected using DD Form 2656-1 within one year of divorce, or the former spouse can file a deemed election via DD Form 2656-10. SBP premiums are deducted from retirement pay; only one spouse or former spouse can be covered.

Yes. Under the Servicemembers Civil Relief Act (50 U.S.C. § 3932), active-duty servicemembers may request a minimum 90-day stay of divorce proceedings if military duties materially affect their ability to participate. The application requires written facts showing how service prevents appearance and a commander's statement confirming leave is unavailable. Courts have discretion to grant additional stays beyond the initial 90 days.