Navigating Military Divorce in Arizona: A Guide for Your Family

For any family, there are many factors to consider when it comes to beginning the divorce process. But when one or both spouses are members of the military, there are extra rules and steps to follow. Military divorces in Arizona are unique because they must follow both Arizona’s family laws and federal laws created specifically for service members and their families. This overlap of rules can make the process seem overwhelming, but understanding the differences is the first step to making the divorce process easier and more peaceful. 

Why a Military Divorce Has Special Rules

The primary reason for these special rules is to address the unique circumstances of military life. Think about things like deployment, frequent moves, and special retirement plans. Federal laws like the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA) were established to provide protections and clear guidelines that state courts must follow.

The presence of this dual legal system often introduces unfamiliar terms and procedures, which can lead to misunderstanding and anxiety. When people feel uncertain or misinformed about their rights—whether concerning a pension, child custody during deployment, or healthcare benefits—it can create fear. This fear is a common driver of conflict, pushing families toward defensive, adversarial positions and costly court battles. 

A guided, educational approach, such as mediation, can interrupt this cycle. By having a neutral expert explain these complex rules in simple, understandable terms, what seems complex and frightening can become a series of manageable logistical steps. This process of clarification is fundamental to de-escalating conflict before it begins, allowing families to focus on creating fair and lasting solutions.

The First Steps: Where to Start

The first big question is where you can file for divorce. In Arizona, one person must have lived or been stationed in the state for at least 90 days. But because military families move around, federal law gives you a few options. You can file in:

• The state where the service member is currently stationed (if you meet the 90-day rule).
• The service member’s home state (the place they consider their permanent home).
• The state where the non-military spouse lives.

A special law called the Servicemembers Civil Relief Act (SCRA) acts like a “pause button.” It allows a service member to ask the court to delay the divorce process if they can’t be there because of their military duties. This is to make sure the process is fair for them and doesn’t happen without them knowing.

Money and Benefits: How They Are Split

In Arizona, things you get while you’re married are usually split evenly. This includes a service member’s military retirement pay. A law called the Uniformed Services Former Spouses’ Protection Act (USFSPA) says that a state court can divide this money.

• The “10/10 Rule” is a common topic. It doesn’t mean you need to be married for 10 years to get a share of the pension. It just means that if you were married for at least 10 years that overlapped with 10 years of service, the government can send your share of the money to you directly. If not, the service member has to pay you directly.
• Other savings, like a Thrift Savings Plan (TSP), can also be divided. This is like a 401(k) for military members.
• VA disability benefits are different. By law, they cannot be divided in a divorce.

Health and Family: TRICARE and Other Perks

A big concern for many is losing their military benefits after a divorce. For most former spouses, these benefits end when the divorce is final. However, there are a few exceptions:

• The “20/20/20 Rule”: If you were married for at least 20 years, and the service member served for at least 20 years, with a 20-year overlap of marriage and service, you may keep your TRICARE and other benefits for life.
• The “20/20/15 Rule”: If you meet the first two parts of the rule but the overlap was only 15 to 19 years, you can get TRICARE for one more year.
• If you don’t qualify for these, you can buy temporary health insurance for up to 36 months through a program called the Continued Health Care Benefit Program (CHCBP).

Kids and Parenting Time

When it comes to kids, the court’s main goal is to do what’s best for the child. In Arizona, a court cannot use a parent’s military service or deployment as the only reason to change a custody agreement forever.

• Parenting plans for military families need to be flexible. It’s smart to plan for things like deployments and moving.
• If a parent is deployed, the court can create a temporary custody order that works while they’re away. When the parent returns, the original plan goes back into effect quickly.
• Child support is calculated using the same rules as for civilian families, but it includes more than just a service member’s regular pay. Things like housing and food allowances are also counted.

Finding a Better Path Forward

The unique legal and emotional pressures of a military divorce can feel overwhelming. A cooperative, solution-focused approach with mediation can be a great path for military families. Mediation helps everyone understand the rules and create a plan that works for their specific family. It allows parents to create flexible, strong parenting plans that can handle deployments and moves. This gives both parents control over their timeline and the final outcome, which helps reduce the stress that comes with military life and the court system. 

Aurit Mediation offers online mediation services, meaning spouses can attend from wherever they are. To learn more, visit auritmediation.com. You don’t have to do this alone. Arizona’s trusted mediation professionals are experts in military divorce.