Married military couples face a lot of challenges. They have to deal with deployment, relocation, and legal protection. When a military couple’s marriage breaks down, they have even more challenges to deal with when they file for divorce.
Colorado is a no-fault divorce state, which may make some aspects of the divorce proceedings easier. However, so-called military divorces can still be incredibly complex because of various federal regulations.
Because of Colorado’s no-fault divorce laws, there is no reason for a military spouse to prove ‘fault’ as such. Fault, in this case, is something like abandonment or adultery. Instead of proving that one spouse was unfaithful or did something terrible, the spouse filing for divorce must only prove that reconciliation is not possible.
This alone can simplify the divorce proceedings because it eliminates the need for legal battles over who is to blame for the broken marriage.
The no-fault law can bring some relief for military couples. In civilian divorces, a spouse may use a fault-based law system to claim more property or more spousal support. A no-fault system means that for military spouses, a divorce's focus will be distributing assets and custody arrangements.
If you want to file for divorce in Colorado (as a military member), you must keep several factors in mind. The first one is deciding where to file. Chances are that you and your family move every few years because of station changes or deployments.
Filing for divorce in Colorado means you or your spouse must have lived in the state continuously for at least 91 days. This applies to all military members stationed in Colorado, even if their official domicile is another state.
You can still file in Colorado if you have lived there for over 91 days but your station or deployment is elsewhere. However, you must be able to prove the residency requirement.
This ‘leniency’ means you will have some consistency in your divorce proceedings even if you and your spouse are stationed apart.
Another aspect of military divorce you must consider is the protection offered by the SCRA (Servicemembers’ Civil Relief Act). This federal law can delay divorce proceedings if you or your spouse is on active duty or deployed. The SCRA prevents servicemembers from being unfairly disadvantaged by legal divorce proceedings when they cannot attend court.
For instance, if you are deployed and cannot physically attend court for your divorce proceedings, you can request a stay under SCRA. The court may delay the process until you are available. This also ensures that your compulsory military duties do not interfere with your legal rights.
However, SCRA protection does not happen automatically. You must request the delay, and the court will assess whether you will be awarded the delay.
At the same time, the SCRA will also extend the timeline for military divorces. This leads to longer separations before the divorce is finalized. It is something to remember when you want to file for divorce in Colorado.
Colorado’s no-fault divorce system enforces the equitable division of marital property, including military benefits. The Uniformed Services Former Spouse Protection Act (USFSPA) governs the division of military benefits.
Under USFSPA, Colorado courts see military retirement pay as marital property. Retired pay is divided between divorcing spouses, but certain conditions must be met.
One of these conditions is the 10/10 Rule. This rule states that if a former spouse wants to get retired pay from the Defense Finance Accounting Service (DFAS), they must have been married for at least 10 years. Ten of those years must overlap with the service member’s military service.
Colorado's divorce laws do not affect how military benefits are divided. However, they do enforce equitable asset division. The courts want marital assets to be divided fairly, but this does not necessarily mean dividing them equally.
Colorado courts also have a hand in prioritizing the best interests of the children of divorcing military couples. Custody arrangements must take into account the realities of military life. If you or your spouse are frequently deployed, it may not be possible to be awarded physical custody. You may, however, receive visitation rights, whether in person or virtually.
Colorado courts calculate support payments based on both parent’s incomes, including military pay. This includes BAH (Basic Allowance for Housing) and BAS (Basic Allowance for Subsistence). These are non-taxable benefits that increase your overall income for child support purposes.
Spousal maintenance also falls under the Colorado no-fault laws. If you are a non-military spouse, you may be entitled to spousal maintenance in a divorce. This is especially true if you give up further education or career opportunities to support your military spouse’s military career.
Spousal maintenance is typically calculated based on the length of the marriage and the financial resources of both you and your spouse. The spousal maintenance awarded must maintain the standard of living established during your marriage.
Military pay factors into this calculation. Keep in mind that a court might consider the challenges military spouses face. These include frequent relocations that make it difficult to build a rewarding career. In no-fault divorces, these factors will count far more than accusations of infidelity or abandonment. Maintenance awards are based on need, not on blame.
The 20/20/20 rule may also apply in your divorce. You may be eligible for lifetime military healthcare benefits if you meet three criteria: You must have been married for 20 years and above. Your military spouse must have served for at least 20 years. The marriage and military service overlap must be at least 20 years.
If your marriage is 20/20/15 instead (15-year overlap instead of 20), you will only have temporary health coverage for at least one year.
Understanding Colorado’s no-fault laws is key for a streamlined military divorce. However, you need a lawyer with vast experience in military divorces to help you navigate the challenges that may come your way.
