Virginia Military Divorce Calculator

Virginia courts divide military retirement as marital property under Virginia Code § 20-107.3 and the Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408). The marital portion is calculated by dividing months married during service by total months of service—for example, 10 years married during 20 years of service equals 50% marital share. The 2016 USFSPA amendment requires Virginia to use the "frozen benefit" method, fixing the former spouse's share at the member's rank and pay grade at divorce. DFAS can pay up to 50% of disposable retired pay directly to the former spouse.

The 10/10 rule determines whether DFAS will make direct payments to the former spouse—it does not limit Virginia's authority to divide military retirement. Under 10 U.S.C. § 1408, DFAS pays the former spouse directly only when the marriage lasted at least 10 years, military service lasted at least 10 years, and those periods overlapped by at least 10 years. If these thresholds are not met, the servicemember must pay the former spouse directly. Virginia courts can divide military retirement regardless of marriage duration.

Former military spouses may retain TRICARE coverage under the federal 20/20/20 rule: 20 years of marriage, 20 years of military service, and 20 years of overlap between them. Meeting this threshold provides lifetime TRICARE eligibility plus commissary and exchange access—unless you remarry. The 20/20/15 rule (15 years of overlap) provides only one year of transitional TRICARE coverage without installation privileges. Former spouses not meeting either threshold may purchase Continued Health Care Benefit Program (CHCBP) coverage within 60 days of divorce for up to 36 months.

Military disability pay is not divisible in Virginia divorce proceedings. Under USFSPA, disposable retired pay explicitly excludes VA disability compensation and military disability retired pay—these remain the servicemember's separate property. If a servicemember waives retirement pay to receive VA disability benefits, that waived amount is also excluded from division. Virginia courts cannot order division of disability pay even through indirect means, though the disability income may be considered when calculating spousal or child support obligations.

Under Virginia Code § 20-97, you may file for divorce in Virginia if either spouse is a bona fide resident and domiciliary for at least six months. Military members stationed in Virginia for six months are presumed to meet both residency and domicile requirements, even if they maintain legal domicile elsewhere for tax purposes. You may also file in your state of legal domicile (home of record) or the state where your spouse resides. Military families often have multiple filing options—the choice affects which state's laws govern property division and support.

Virginia treats Basic Allowance for Housing (BAH) as gross income for child support calculations under state guidelines. In addition to BAH, Virginia courts include Basic Allowance for Subsistence (BAS), special pays like Hostile Fire Pay, Family Separation Allowance, and military retirement benefits as income. If a servicemember lives in non-privatized military housing, Virginia courts may impute BAH value as income. Total combined child support and spousal support cannot exceed 60% of the servicemember's pay and allowances under Virginia law.

The Survivor Benefit Plan (SBP) provides the former spouse a monthly annuity equal to 55% of the designated base amount if the servicemember dies. Under Virginia Code § 20-107.3 and federal law, courts may order former spouse SBP coverage. Active duty premiums cost 6.5% of the base amount, deducted from gross retired pay. Former spouses should file a "deemed election" (DD Form 2656-10) within one year of the divorce order to secure coverage regardless of whether the servicemember complies. Remarriage before age 55 suspends—but doesn't terminate—SBP eligibility.

Yes, the Servicemembers Civil Relief Act (50 U.S.C. § 3931) entitles active duty members to a mandatory 90-day stay of divorce proceedings when military duties materially affect their ability to appear. The servicemember must request the stay with a statement of facts and commanding officer's letter. Courts must grant the initial 90-day stay; subsequent extensions require court approval. SCRA also prohibits default judgments against absent servicemembers unless the court appoints an attorney. These protections extend 90 days after discharge from active duty.