Wisconsin Military Divorce Calculator

Wisconsin courts divide military retirement as marital property under Wisconsin Statute § 767.61, applying the federal USFSPA frozen benefit rule from the 2017 NDAA. The former spouse's share is calculated using the time rule formula: 50% multiplied by the marital fraction (years of service during marriage divided by total service years) multiplied by disposable retired pay. The servicemember's rank and pay grade are frozen as of the divorce date, regardless of subsequent promotions.

The 10/10 rule under 10 U.S.C. § 1408 requires 10 years of marriage overlapping with 10 years of creditable military service for DFAS to send direct payments to the former spouse. If this threshold is not met, the servicemember must make payments directly to their ex-spouse per the court order. The 10/10 rule affects only the payment mechanism—not whether retirement is divisible, which Wisconsin determines under state property division law.

Former spouses who meet the 20/20/20 rule—20 years of marriage, 20 years of military service, and 20 years of overlap—retain full TRICARE coverage for life unless they remarry before age 55 or enroll in employer-sponsored health insurance. Those meeting the 20/20/15 rule receive only one year of transitional TRICARE coverage. All former spouses may apply for the Continued Health Care Benefit Program (CHCBP) within 60 days of divorce for up to 36 months of coverage at full premium cost.

No, VA disability compensation is exempt from property division under 10 U.S.C. § 1408(a)(4) and the 2017 Supreme Court ruling in Howell v. Howell, which prohibits courts from indemnifying former spouses for the VA waiver offset. However, Wisconsin courts may consider disability payments as income when calculating child support or maintenance under state guidelines. Combat-Related Special Compensation (CRSC) is also non-divisible.

Under Wisconsin law, you may file after 6 months of residency in the state—residency, not domicile, is the legal standard. Servicemembers may alternatively file in their state of legal domicile (where they claim permanent residence, vote, and pay taxes) or the state where they are currently stationed. Non-military spouses typically file where they reside. Filing location affects which state's property division laws apply, which can significantly impact retirement division.

Wisconsin Administrative Rule DCF 150 defines gross income to include military allowances such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS), though variable housing market costs for the duty location are excluded. BAH rates increased an average of 4.2% effective January 1, 2026. When calculating child support using Wisconsin's percentage-of-income standard, the full BAH amount is added to base pay to determine gross income.

The Survivor Benefit Plan (SBP) pays 55% of the selected retirement base amount to a designated beneficiary if the retiree dies first. Courts may order former spouse SBP coverage in divorce, which must be elected within one year using DD Form 2656-1. The former spouse should file a deemed election using DD Form 2656-10 within one year to ensure coverage regardless of the servicemember's compliance. Former spouse SBP coverage suspends upon remarriage before age 55 but resumes if that marriage ends.

Yes, active-duty servicemembers may request a mandatory 90-day stay of proceedings under the Servicemembers Civil Relief Act (50 U.S.C. § 3932) by submitting a written application stating that military duties materially affect their ability to appear, along with a commanding officer's letter confirming leave is unavailable. Additional 90-day stays are discretionary. The SCRA also protects servicemembers from default judgments and allows reopening judgments entered during service or within 60 days after.