Vermont Military Divorce Calculator

Vermont courts divide military retirement as marital property under 15 V.S.A. § 751 and the Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408). The court applies equitable distribution, starting with a presumption of equal division before adjusting for factors like marriage length and each spouse's contributions. The 2017 NDAA's frozen benefit rule limits the divisible amount to the service member's rank and years of service at divorce, adjusted only for cost-of-living increases.

The 10/10 rule allows DFAS to pay military pension shares directly to the former spouse when the marriage lasted at least 10 years, overlapping with at least 10 years of creditable military service. This rule governs payment method only—not entitlement to a share. Former spouses may still receive pension division without meeting 10/10, but payment must come from the service member rather than DFAS direct deposit.

Former spouses meeting the 20/20/20 rule retain lifetime TRICARE eligibility: 20-year marriage, 20-year military service, with 20 years of overlap. The 20/20/15 rule (15 years of overlap) provides only one year of transitional TRICARE coverage. Remarriage before age 55 terminates eligibility, though benefits may resume if that subsequent marriage ends. Those ineligible can purchase CHCBP transitional coverage within 60 days of divorce.

No. Federal law under 10 U.S.C. § 1408 and the Supreme Court's Mansell v. Mansell decision (490 U.S. 581, 1989) prohibit state courts from dividing VA disability benefits as marital property. However, Vermont courts may consider disability income when calculating child support and spousal maintenance under 15 V.S.A. § 653. If a service member waives retirement pay for VA disability, that waived amount reduces the portion available to the former spouse.

Vermont requires six months' residency before filing and one year before final hearing under 15 V.S.A. § 592. Military members may retain Vermont domicile while stationed elsewhere if they maintain intent to return—evidenced by voter registration and state tax filings. Filing options include the service member's home of record, state of domicile, or where the non-military spouse resides and meets residency requirements.

Vermont includes Basic Allowance for Housing (BAH) in gross income for child support calculations under 15 V.S.A. § 653. Although BAH is tax-exempt, family courts count it as income because it increases the parent's actual financial resources. Service members living in on-base housing who receive no cash BAH may have the fair market value of housing imputed. Vermont's 2026 BAH rates vary by ZIP code and pay grade.

The Survivor Benefit Plan (SBP) pays 55% of the service member's selected base amount to the named beneficiary upon death. Former spouses can be designated as SBP beneficiaries, but coverage requires filing DD Form 2656-1 within one year of divorce. If the service member fails to elect, the former spouse can submit a deemed election via DD Form 2656-10. Only one spouse or former spouse can hold SBP coverage at a time.

Yes. The Servicemembers Civil Relief Act (50 U.S.C. § 3932) allows active-duty service members to request a stay of at least 90 days if military duties prevent court participation. The service member must submit a written statement explaining the conflict and a commanding officer's verification letter. Additional 90-day stays may be granted at judicial discretion. SCRA suspends but does not terminate divorce proceedings.