Military Divorce Attorneys in Colorado Springs

Colorado Springs is home to Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy. A divorce involving a service member follows the same Colorado law as any other, but federal law adds its own rules for military retired pay and for court cases involving someone on active duty, and Colorado has its own law for parenting around deployment.

Military retired pay

Federal law allows a state court to treat a service member’s disposable retired pay as marital property and divide it under state law. In Colorado, that means the part earned during the marriage is subject to the same division as any other marital property. Federal law caps the total that can be paid out under court orders at 50 percent of disposable retired pay.

Two federal details affect the numbers. Disposable retired pay excludes amounts the retiree gives up to receive VA disability compensation. And when the divorce is final before the member retires, the share is calculated from the member’s pay and years of service at the date of the divorce, with later cost-of-living increases, not from the higher pay they may reach by retirement.

The 10/10 rule

The 10/10 rule is widely misunderstood. It doesn’t decide whether a former spouse can receive part of the retired pay. It decides only how it’s paid. If the marriage overlapped at least 10 years of creditable military service, the government pays the former spouse’s share directly. If not, the court can still divide the retired pay, but the service member pays the former spouse.

Court deadlines and active duty

The Servicemembers Civil Relief Act protects service members whose duties keep them from taking part in a court case. A service member who has notice of the case can get a stay of at least 90 days by showing how current duties affect their ability to appear, with a letter from their commanding officer. The act can delay a case, but it doesn’t stop it indefinitely, and the spouse who isn’t serving should plan for that.

Where to file

Colorado requires one spouse to have lived here for 91 days before filing. Military families often have ties to more than one state, and custody is generally decided by the child’s home state, where the child has lived for the last 182 days. Choosing where to file can affect the outcome, so it is worth deciding deliberately.

Parenting around deployment

Colorado has adopted the Uniform Deployed Parents Custody and Visitation Act. A parent’s past or possible future deployment can’t be the only reason for a custody decision. When there is an existing order, a parent who receives deployment orders must notify the other parent within 12 days if circumstances allow. Parents can sign a written agreement about custody during a deployment, and the court can grant a relative or someone close to the child limited contact while the deploying parent is away.

How we handle military divorce cases

We work out how federal and Colorado law apply to the retired pay, and we make sure the orders are written so the government can carry them out. We plan parenting schedules that account for deployments, training, and permanent change of station moves. Child support and property division follow the same Colorado rules as any divorce; see divorce and child support.