Military Divorce

Military Divorce in Kentucky

What Changes, What Matters, and What Must Be Handled Correctly

Military divorce follows the same legal framework as any Kentucky divorce, but additional federal rules apply that can affect retirement, custody, and long-term benefits. These issues are not handled automatically. If they are misunderstood or addressed too late, the outcome can be difficult to correct.

At the point where divorce becomes a real possibility, the focus shifts to understanding how these overlapping systems work together—and how to move forward without creating avoidable problems.

What Makes a Military Divorce Different

In Kentucky, divorce is still decided under our state’s family law. The Court determines property division, custody, and support.

However, military service introduces additional federal rules that affect how those decisions are structured and enforced.

This includes:

• Military retirement and pension division
• Survivor Benefit Plan (SBP) elections
• Access to military-related benefits
• Deployment-related custody considerations
• Protections under the Servicemembers Civil Relief Act (SCRA)

The result is not a separate system, but a layered one. Both must be handled correctly.

3 Important Things to Know About a Military Divorce in Kentucky:

• The number of years of military service during the course of the marriage, as well as the length of the marriage itself, will have a significant impact on many issues in a military divorce.
• You may need to learn more about terms such as the “10/10” rule, as well as “20/20/20” and “20/20/15.”
• Child Custody, and continuing access to base privileges and TRICARE health insurance each present unique challenges during a military divorce.

Child Custody and Deployment Considerations

Child custody in Kentucky is rooted in the principle of the best interests of the child, with a starting point that often includes the legal rebuttable presumption of shared parenting.

Military service introduces additional considerations:

• Temporary modifications during deployment
• Maintaining parent-child relationships during absence
• Delegation of parenting time to a trusted family member in some situations
• Reinstatement of prior orders after deployment ends

Courts must balance the realities of military service with the child’s stability and continuity.

Without clear planning, temporary changes during deployment can create confusion or conflict when circumstances change again.

Servicemembers Civil Relief Act (SCRA)

The SCRA provides certain legal protections to active-duty service members.

These may include:

• The ability to request a delay (stay) of proceedings
• Protection against default judgments under certain conditions

These protections are procedural. They allow time and prevent unfair disadvantage during active service.

They do not prevent a divorce from proceeding indefinitely, nor do they resolve the underlying issues in the case.

Child Custody and Visitation Can Present Unique Issues During a Military Divorce

Many clients are especially worried about child custody and visitation during a military divorce.  

There are several challenges facing the children of those who serve in the military, such as:

• Deployment  – how will child custody, visitation and maintaining connections be protected during the deployment of a servicemember? How are existing orders usually modified during a deployment?  Can the parental rights of a servicemember be “delegated” to another trusted member of the family during deployment?
• Relocation and Moves – Military families face frequent moves, and these are often an issue during the divorce itself, as well as post-decree as parenting is shared.
• Kentucky family law establishes a rebuttable legal preference for joint custody or equal parenting time.  The Servicemembers Civil Relief Act or SCRA can impact divorce or child custody matters, but our Courts must balance these rights with the best interests of each child.

Division of Military Retirement and Benefits

Military retirement is often one of the most significant assets in a divorce.

Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Kentucky courts are allowed to treat “disposable retired pay” as marital property. That means it can be divided as part of the overall property division.

Several important points apply:

• The Court decides whether and how retirement is divided
• The 10/10 rule does not determine entitlement—it only affects whether payments can be made directly through DFAS
• Survivor Benefit Plan (SBP) elections must be addressed during the divorce, not after
• The structure of the division matters as much as the percentage

If retirement is not addressed correctly at the time of the divorce, it may not be possible to revisit it later.

Understanding the 20/20/20 and 20/20/15 Rules

These terms are often misunderstood. They do not control whether a spouse receives a portion of military retirement. They determine eligibility for certain ongoing benefits after divorce.

20/20/20 Rule

If:

• The marriage lasted at least 20 years
• The service member has completed at least 20 years of service
• There was at least 20 years of overlap between the marriage and military service

The former spouse may retain:

• TRICARE eligibility
• Commissary and exchange privileges
• Base access

20/20/15 Rule

If there is at least 15 years of overlap between the marriage and military service (instead of 20), limited transitional medical coverage may apply, but access to other benefits is reduced.

These rules affect post-divorce benefits—not property division—and must be understood in that context.

How do the years of service during the duration of the marriage impact a Military Divorce?

Here is a brief summary of how the duration of a military marriage will affect a divorce in Kentucky:

The 20/20/20 Rule:

If the former (and un-remarried) spouse of a member of the military was married to the military member for at least 20 years at the time of the divorce, the military member has accumulated a minimum of 20 years of service credited toward retirement pay and the marriage occurred during 20 years of active service, the former spouse will usually qualify for medical, commissary, PX and theater privileges based upon the Morale, Welfare and Recreation program. 

The 20/20/15 Rule:

The un-remarried former spouse of a member of the military may be entitled to continuing medical coverage if the service member had 20 years of service, the marriage lasted at least 20 years and the dates of the marriage overlapped the period of military service by at least 15 years.  Note: in the 20/20/15 scenario the former un-remarried spouse does not retain access to the installation, PX or commissary.  

The 10/10 Rule:

This term applies to the ability of the spouse of a servicemember to qualify for direct DFAS (Defense Finance and Accounting Service) retirement pay for their portion of retirement benefits that occurred in a marriage lasting at least 10 years, and in which the servicemember concurrently served a minimum of 10 creditable active duty years of service.

Relocation and Post-Divorce Reality

Military families often relocate more frequently than civilian families.

In Kentucky, relocation involving children typically requires:

• Advance notice
• An opportunity for the other parent to object
• Court approval if the move affects custody or parenting time

This makes the structure of the original custody order especially important.

If the initial agreement or order does not anticipate future movement, modifications may become necessary—and contested—later.

Where Military Divorce Situations Often Break Down

Military divorce is not more difficult because it is unfamiliar or necessarily complex. It is more difficult because timing and process matter.

Common problems include:

• Filing in a jurisdiction without understanding the consequences
• Assuming the retirement division will be handled automatically
• Failing to address the Survivor Benefit Plan during the divorce
• Misunderstanding the 10/10 or 20/20/20 rules
• Entering custody orders during deployment without long-term planning

These issues are usually avoidable when they are identified early.

Moving Forward with Clear Understanding

The process itself still follows the same general path as any Kentucky divorce.

 The difference is in how each decision may be structured along the way.

The focus is not on reacting to each issue as it arises.

 It is on understanding how the pieces fit together—so decisions made early continue to support your position later.

You are not expected to navigate these overlapping systems on your own.

 With the right guidance from our experienced divorce attorney, John Schmidt, each step can be addressed deliberately, so your priorities remain protected and the process continues to move toward resolution.

Where to Focus Next

Military divorce cases often center around a few key areas. You can explore these in more detail here:

• Child Custody and Parenting Time
• Child Support
• Spousal Support / Maintenance
• Property Division and Retirement Accounts
• Post-Decree Modification and Enforcement