Legal Guide to Military Divorce in Idaho
When military service meets divorce court, the rules change. Federal laws control how retirement benefits can be divided, while Idaho laws handle property division, custody, and support. Add deployments, base moves, and jurisdictional quirks, and it’s easy to see why Idaho military divorce requires extra precision. Below is a plain-English guide to the issues that matter most for service members, spouses, and families.
Before an Idaho court can even divide military retirement pay, it must have the proper jurisdiction. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), a state court can divide retired pay only if the service member is domiciled in Idaho, resides in Idaho for reasons other than military orders, or consents to Idaho jurisdiction.
That rule trips up many couples. A service member stationed at Mountain Home AFB, for example, may technically reside in Idaho but still claim legal domicile in another state. Without consent or domicile, Idaho might be able to dissolve the marriage, but not divide the pension. Sorting this out early saves months of wasted litigation.
Custody cases bring another jurisdictional twist. Idaho follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which usually gives authority to the child’s “home state,” meaning where the child has lived for six months before filing. If deployment or PCS orders have recently uprooted the family, determining the correct home state can be necessary.
Dividing Military Retirement: It’s Not Your Standard QDRO
Dividing a military pension isn’t as simple as splitting a 401(k). Under the USFSPA, state courts can treat “disposable retired pay” as marital property. However, it requires a military-specific court order, not a standard QDRO.
The order must clearly state whether the spouse receives a fixed percentage or a formula share of the retirement. For active-duty divorces, the 2017 National Defense Authorization Act introduced “frozen benefit” rules locking the spouse’s share to the member’s rank and years of service at the time of divorce, not at retirement. That distinction can change thousands of dollars over time, so precision in drafting is key.
There’s also the well-known 10/10 rule: to receive direct payments from DFAS, the couple must have been married for at least 10 years that overlap with at least 10 years of creditable service. Missing that threshold doesn’t eliminate the award; it just means the former spouse collects payments directly from the retiree rather than through DFAS.
Finally, DFAS limits how much can be withheld: up to 50% of disposable retired pay for property division, or 65% total if support or alimony is also garnished. These caps help ensure service members maintain financial stability after divorce.
Protecting Payments After Death
A pension share ends when the service member dies unless you secure coverage through the Survivor Benefit Plan (SBP). SBP acts like life insurance for retired pay, continuing payments to the former spouse after the retiree’s death.
Courts can require SBP, but it doesn’t happen automatically. The service member must elect “former spouse” coverage during divorce, or the former spouse must file a deemed election with DFAS within one year of the order requiring it. Miss that window and the benefit disappears forever, even if the decree says otherwise.
Because SBP premiums are deducted from retired pay, couples can negotiate who will bear the cost. The key is to make the election (and file proof) before the clock runs out.
Healthcare, Benefits, and the 20/20/20 Rule
Military benefits don’t always vanish after divorce. Under the 20/20/20 rule, a former spouse keeps TRICARE and other privileges if the marriage lasted 20 years, the member served 20 years, and the overlap was at least 20 years. There’s also a 20/20/15 rule, which provides one year of TRICARE coverage when at least 20 years overlap.
If you don’t meet those milestones, you may still buy temporary coverage under the Continued Health Care Benefit Program (CHCBP). It’s pricey, but it bridges the gap until other insurance kicks in. Knowing these timelines helps avoid abrupt coverage losses during an already stressful life transition.
Parenting Plans That Work During Deployment
Military service necessitates adaptability; therefore, parenting arrangements should reflect this flexibility. Under Idaho law, temporary adjustments to custody are permissible during deployment without altering the original order permanently.
The parenting plan should outline notice procedures, include provisions for virtual visitation, and automatically revert to the pre-deployment schedule upon the service member’s return.
Courts promote co-parenting tech like video calls, emails, and shared calendars to ensure consistency for children. The Servicemembers Civil Relief Act (SCRA) allows courts to pause proceedings if deployment prevents a parent’s participation, preventing unfair penalties.
Common Missteps That Can Derail a Military Divorce
The biggest mistake is assuming military pay division works like any other asset. Using a standard QDRO template or skipping the jurisdiction test almost guarantees that DFAS will reject the order.
Another frequent error is missing the SBP filing deadline. Even experienced attorneys can forget the one-year rule for deemed elections, leaving a former spouse permanently unprotected.
Lastly, many couples overlook how military pensions interact with VA disability pay. Once a retiree waives a portion of their retired pay to receive tax-free disability benefits, that portion becomes non-divisible under federal law. Careful language can prevent disputes later when disability ratings change.
Building a Plan That Protects Everyone
A military divorce is about more than splitting benefits; it’s about building stability for both households while respecting the realities of service life. The goal is a settlement that DFAS can process smoothly, withstands jurisdictional challenges, and provides children with predictability even when orders change.
At Anthon Law, we help Idaho families craft those plans every day. We translate the alphabet soup of USFSPA, SBP, DFAS, and SCRA into practical steps that protect what you’ve earned and secure what your family needs.
Need To Speak to Someone?
To make this process easier, we’ve developed a Military Divorce Checklist covering deadlines, benefit rules, and required forms from SBP elections to DFAS submissions. It’s designed specifically for Idaho families with these unique challenges.
If you’re facing a military divorce or custody dispute, contact Brett Anthon today. He understands the intersection of military service and Idaho family law, and he’ll guide you through every step from protecting your pension to planning for deployment.
Schedule a consultation with Brett Anthon if you need professional guidance during this challenging time.
