Wyoming Military Divorce Calculator

Wyoming divides military retirement as marital property under Wyo. Stat. § 20-2-114 using equitable distribution principles, authorized by the federal Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408). Courts typically award former spouses a percentage of disposable retired pay earned during the marriage, often calculated using the coverture fraction (months married during service divided by total creditable service months). Wyoming courts have broad discretion to divide marital property and may award anywhere from 0% to 50% based on factors including length of marriage and each spouse's contributions.

The 10/10 rule requires at least 10 years of marriage overlapping with 10 years of military service creditable toward retirement for the Defense Finance and Accounting Service (DFAS) to pay a former spouse's share directly. If you meet the 10/10 threshold, DFAS sends your court-ordered share straight to you rather than through your ex-spouse. Without 10/10 overlap, you may still receive a portion of the retirement through a court order, but the service member must make payments directly to you.

Former spouses who meet the 20/20/20 rule retain full TRICARE eligibility indefinitely while unmarried: 20 years of marriage, 20 years of creditable military service, and 20 years of overlap between the marriage and service. The 20/20/15 rule—where only 15 to 19 years overlap—provides one year of transitional TRICARE coverage from the divorce date. Former spouses not meeting either threshold may purchase temporary coverage through the Continued Health Care Benefit Program (CHCBP) within 60 days of divorce.

No, military disability pay cannot be divided as marital property in Wyoming divorce proceedings. The Uniformed Services Former Spouses' Protection Act explicitly excludes VA disability compensation and Chapter 61 disability retirement from the definition of disposable retired pay. Wyo. Stat. § 20-2-114 further prohibits treating veterans' disability compensation as divisible property. However, Wyoming courts may consider disability income when calculating alimony or child support obligations.

Wyoming requires only 60 days of residency before filing for divorce, one of the shortest requirements nationally. Service members stationed at F.E. Warren Air Force Base or elsewhere maintain Wyoming legal residency while deployed or assigned out of state. You may file in Wyoming if either spouse meets the residency requirement. Alternatively, service members can file in their state of legal residence (domicile), their home of record, or any state where the non-military spouse meets residency requirements.

Wyoming includes Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) in gross income calculations for child support under the income shares model per Wyo. Stat. § 20-2-304. Although these allowances are non-taxable, Wyoming courts count them as income when determining support obligations. Because Wyoming has no state income tax, the net income available for child support is typically higher than in states with income taxes, potentially resulting in larger support amounts.

The Survivor Benefit Plan (SBP) provides the former spouse with 55% of the covered base amount as a lifetime annuity if the service member dies first. Wyoming divorce courts can order service members to elect former spouse SBP coverage to protect the survivor's share of retirement. The former spouse must file DD Form 2656-1 or a deemed election (DD Form 2656-10) within one year of the divorce decree. If a former spouse remarries before age 55, SBP payments are suspended until that marriage ends.

Yes, the Servicemembers Civil Relief Act (SCRA) allows active duty service members to request a minimum 90-day stay of divorce proceedings if military duties materially affect their ability to appear in court. To qualify, the service member must submit a written application explaining how military duties prevent participation, provide an expected availability date, and include a commanding officer's statement confirming leave is unavailable. Courts must grant the initial 90-day stay and may grant additional extensions at their discretion.