Facing a Military Divorce in New York? Here’s What You Need to Know.

Going through a divorce is incredibly tough, and when one or both spouses are active-duty military members, veterans, or retirees in New York, it adds a whole new layer of complexity. You’re not just dealing with the emotional weight of ending a marriage, but also navigating federal laws, military regulations, and state divorce laws all at once. It’s enough to make anyone’s head spin, but I want to reassure you that you don’t have to face this alone. Counsel at Law Offices of SRIS, P.C. is here to help you understand your rights and guide you through each step.

As of October 2025, the following information applies.

Understanding the Unique Aspects of New York Military Divorce

Military divorce in New York involves a blend of state and federal laws that don’t apply to civilian divorces. Things like military pay, benefits, and retirement plans become key points of discussion, and they’re handled differently. It’s crucial to understand how these unique aspects affect your case, from jurisdiction to the division of assets.

Jurisdiction: Where Can You File for Divorce?

For civilian divorces, where you file is usually pretty straightforward based on residency. But in a military divorce, jurisdiction can be trickier. You might be able to file in New York if:

• One spouse is a resident of New York.
• One spouse is stationed in New York.
• You and your spouse agree to New York as the jurisdiction.

Choosing the right jurisdiction is paramount because it dictates which state’s laws will apply to your divorce, particularly concerning child custody, support, and property division. Making the wrong choice here could significantly impact your outcome.

The Servicemembers Civil Relief Act (SCRA) and Your Divorce

The Servicemembers Civil Relief Act (SCRA) is a federal law designed to protect active-duty military members from civil legal proceedings while they are deployed or otherwise unable to appear in court. This means if your spouse is on active duty, they can request a stay (postponement) of divorce proceedings for at least 90 days.

Blunt Truth: While the SCRA protects servicemembers, it doesn’t halt the divorce forever. It’s a temporary pause to ensure they aren’t disadvantaged due to their service. Once that period is over, proceedings will resume. It’s vital to have a legal team prepared for this possibility.

Dividing Military Retirement and Benefits in New York

One of the most significant differences in military divorce is how military retirement benefits are handled. The Uniformed Services Former Spouses’ Protection Act (USFSPA) is the federal law that governs the division of military retirement pay in state divorce courts.

The USFSPA allows state courts to treat military retired pay as marital property, divisible upon divorce. However, there’s a key distinction: for direct payment from the Defense Finance and Accounting Service (DFAS) to the former spouse, the marriage must have overlapped with the servicemember’s creditable military service for at least 10 years. This is often referred to as the "10/10 rule." If you don’t meet this rule, a New York court can still divide the retirement, but the servicemember will be responsible for making the payments directly to the former spouse.

My focus since founding the firm in 1997 has always been directed towards personally handling the most challenging and complex criminal and family law matters our clients face. This experience gives me a seasoned understanding of how to approach the intricate financial aspects of military divorces, including military retirement.

Healthcare and Survivor Benefits

Beyond retirement pay, former spouses may also be entitled to continued healthcare benefits (TRICARE) and survivor benefits. The eligibility for these benefits often depends on the length of the marriage and the overlap with military service (e.g., the 20/20/20 rule or 20/20/15 rule for TRICARE eligibility). These are complex calculations, and failing to address them properly in your divorce decree can have lasting financial consequences.

Child Custody and Support in Military Divorces

Child custody and support are always sensitive issues, but they become even more intricate in military divorces due to potential deployments and relocations. New York state laws apply, but military regulations also play a role.

Deployment and Custody Arrangements

New York courts are generally required to make decisions that are in the best interest of the child. When a military parent faces deployment, temporary custody orders may be put in place. These orders are designed to revert to the original custody arrangement upon the servicemember’s return. It’s crucial to have a clear plan in your divorce agreement for how deployments will impact custody and visitation.

Child Support Calculations

Child support in New York military divorces is calculated using the same guidelines as civilian cases, based on parental income and the number of children. However, military pay can include various allowances (like BAH – Basic Allowance for Housing, and BAS – Basic Allowance for Subsistence) that need to be properly accounted for when determining gross income for child support purposes. These allowances are generally considered income for child support calculations, even if they are not subject to federal income tax.

I find my background in accounting and information management provides a unique advantage when handling the intricate financial and technological aspects inherent in many modern legal cases. This is especially helpful when meticulously examining military pay stubs and benefit statements to ensure accurate child support calculations.

Spousal Support (Alimony) in New York Military Divorce

Spousal support, or alimony, is another critical component of many divorces, including those involving servicemembers. New York law considers various factors when determining spousal support, such as the length of the marriage, the income and earning capacity of each spouse, and the contributions of each spouse to the marriage. Military service can impact these factors.

For instance, a non-military spouse who put their career on hold to follow their servicemember spouse through multiple reassignments might be at a disadvantage in terms of earning capacity. The court will consider these sacrifices when determining a fair spousal support award. Additionally, there are federal limitations on the amount of disposable military retired pay that can be garnished for spousal support, which is important to keep in mind.

Working with a Knowledgeable Military Divorce Attorney in New York

Given the intricate web of state and federal laws, navigating a New York military divorce can be overwhelming. A knowledgeable and experienced military divorce attorney in NY can make all the difference. They can help you:

• Understand the specific laws that apply to your situation.
• Ensure all military benefits and retirement are properly addressed.
• Draft comprehensive child custody and support agreements that account for deployments.
• Advocate for your rights regarding spousal support and property division.

It’s crucial to work with a legal team that understands both New York divorce law and the nuances of military regulations. This dual expertise ensures that no detail is overlooked and that your interests are fully protected. As someone deeply involved in the community, I believe it’s important to not only practice law but also to actively participate in shaping it. We bring that same dedication to each client’s unique family law challenges.

Why Choose Law Offices of SRIS, P.C. for Your Military Divorce in New York?

At Law Offices of SRIS, P.C., we understand the emotional and legal challenges you’re facing. Our team is seasoned in handling complex family law matters, including military divorces in New York. We’re committed to providing empathetic, direct, and reassuring legal counsel to guide you toward a hopeful future.

Law Offices of SRIS, P.C. has locations in Buffalo, New York. We’re ready to offer you a confidential case review to discuss your specific circumstances and outline a clear path forward. Don’t let the complexities of military divorce intimidate you. Reach out today.

Past results do not predict future outcomes.

Frequently Asked Questions

What’s the main difference between a civilian and military divorce in New York?

The key difference is that military divorces in New York involve both state and federal laws, specifically impacting military retirement, healthcare, and deployment-related custody issues. It’s more complex because of the added layers of federal regulations that civilian divorces don’t have, making it wise to seek experienced legal counsel.

How does military retirement get divided in a New York divorce?

Military retirement is often treated as marital property under the USFSPA. In New York, courts can divide it, and if your marriage overlapped with at least 10 years of military service, payments can be made directly from DFAS. It’s a nuanced area, so proper legal guidance ensures fair distribution.

Can active-duty military members postpone their divorce proceedings?

Yes, under the Servicemembers Civil Relief Act (SCRA), active-duty military members can request a temporary postponement of divorce proceedings, usually for at least 90 days. This is to protect them while they’re deployed or unable to participate. Your case will resume after this period, so planning ahead is smart.

How do deployments affect child custody in a New York military divorce?

New York courts prioritize the child’s best interests. During deployments, temporary custody orders can be established, designed to revert to the original arrangement when the servicemember returns. A clear, legally sound plan for these situations is essential to maintain stability for your children.

Are military allowances considered income for child support in New York?

Absolutely, military allowances like Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are generally considered income when calculating child support in New York. Even if not taxed, they count towards a parent’s financial capacity. We’ll ensure all income sources are accurately assessed for a fair outcome.

What impact does a military career have on spousal support in New York?

A military career can significantly influence spousal support in New York. Factors like frequent relocations affecting a spouse’s earning capacity are considered. While state law governs, federal limitations on garnishment of military pay for support must also be observed, ensuring a fair and legally compliant agreement.

Do former military spouses retain healthcare benefits after divorce?

Eligibility for continued healthcare benefits like TRICARE for former spouses depends on specific criteria, primarily the length of the marriage and its overlap with military service. Rules such as 20/20/20 or 20/20/15 determine access. It’s crucial to address these complex benefit divisions thoroughly in your divorce.

Why is it important to have a military divorce attorney in New York?

A military divorce attorney in New York is vital because they understand the complex interplay of state and federal laws affecting your case. They ensure all military benefits are handled correctly, navigate child custody during deployments, and advocate for your rights in property and spousal support, providing clarity and confidence.