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Military divorce in Georgia: what's different

Updated · General information about Georgia law, not legal advice ·

Summary

A military divorce follows the same Georgia divorce rules as any other, but federal law adds a few: a service member whose duties keep them from taking part can ask the court to pause the case for at least 90 days, and military retired pay can be divided only under federal rules.1, 2

Some benefits for a former spouse depend on how long the marriage overlapped military service, so check those numbers before you settle.

Where you can file

The usual rule applies: the person filing must have lived in Georgia for 6 months. Georgia also has a special rule for military families: someone who has lived on a U.S. Army post or military reservation in Georgia for a year can file in a county next to the post.3

Where you file can matter for retired pay. A court can divide military retired pay only if it has power over the service member because of where they live (not just because they're stationed there), where their legal home is, or because they agree to it.2

Pausing the case for military duty

A service member on active duty, or within 90 days after leaving it, can ask the court to stay (pause) the divorce, including a custody case, for at least 90 days. The request needs a statement explaining how military duty affects their ability to appear and when they'll be available, and a letter from their commanding officer saying leave isn't authorized.1

They can ask for more time later. If the court refuses an additional stay, it must appoint a lawyer for the service member. Asking for a stay doesn't count as agreeing that the court has power over them.1

If the service member doesn't respond

Before the court can rule against a spouse who hasn't appeared, the spouse who filed must give the court a sworn statement saying whether the other spouse is in military service. Knowingly making a false statement is a federal crime.4

If the spouse is in the military, the court has to appoint a lawyer for them before ruling. A judgment entered while they were serving can be reopened if they ask within 90 days after leaving the service, military duty affected their ability to defend the case, and they have a defense.4

Dividing military retired pay

A Georgia court can treat military retired pay as property to be divided in the divorce. Federal law adds limits:2

  • Direct payment from the military pay center (DFAS) to the former spouse for a property share requires at least 10 years of marriage overlapping at least 10 years of military service. Without that, the order is still valid, but the retiree pays the former spouse directly.2
  • Total property payments from retired pay under court orders can't exceed 50% of disposable retired pay.2
  • If the divorce is final before the service member retires, the former spouse's share is generally based on the member's pay and years of service as of the divorce, plus later cost-of-living increases.2
  • Retired pay a retiree gives up in order to receive VA disability compensation is subtracted from the pay that can be divided.2

The order must spell out the share clearly. Because the rules are technical, have a lawyer who knows military retirement review the wording before the decree is signed.

Health care and base privileges for a former spouse

  • 20/20/20: if you were married at least 20 years, the service member has at least 20 years of creditable service, and at least 20 years of the marriage overlapped that service, you can keep TRICARE as long as you stay eligible, along with commissary and exchange privileges.5, 6
  • 20/20/15: if the marriage overlapped at least 15 years of service instead of 20, TRICARE generally lasts one year from the divorce, with no commissary or exchange privileges.5, 6
  • Either way, TRICARE eligibility ends if you remarry or get coverage through an employer health plan.5

The Survivor Benefit Plan

The Survivor Benefit Plan pays a monthly benefit to a survivor after a military retiree dies. Former-spouse coverage has strict deadlines. If the retiree is to make the election, the military must receive it within one year of the divorce. If the retiree doesn't, and a court order requires the coverage, the former spouse can ask the military to treat the election as made, but the military must receive that request within one year of the order.7, 8

A former spouse who remarries before age 55 stops getting payments, but they resume if that marriage ends by death, annulment or divorce. If this benefit matters to you, make sure the decree addresses it and calendar the deadline.8

Deployment and custody

A parent's absence because of military deployment can't be the only reason for a change in custody, and a final change generally can't be made until 90 days after the deployment ends unless the deployed parent agrees.9

Questions you might ask a lawyer

  • Does the Georgia court have power to divide the military retired pay in my case?
  • How should the decree word my share of retired pay?
  • Do I qualify for TRICARE or commissary privileges after the divorce?
  • Should the decree require Survivor Benefit Plan coverage for me, and what's my deadline?

Common questions

Can a military divorce be delayed because of deployment?

Yes. A service member whose military duty keeps them from appearing can ask for a stay of at least 90 days, with a letter from their commanding officer.1

What is the 10/10 rule in a military divorce?

It's the rule for direct payment. The military pay center pays a former spouse's property share of retired pay directly only if the marriage lasted at least 10 years overlapping at least 10 years of service. It doesn't decide whether the pay can be divided.2

Can I file for divorce in Georgia if we're stationed here?

Generally yes, if you've lived in Georgia for 6 months, and there's a special 1-year rule for people living on a U.S. Army post or military reservation. Dividing retired pay has its own requirements about the service member's ties to the state.3, 2

Next guideLegal separation in Georgia (separate maintenance)Georgia has no "legal separation" by that name. Here's how separate maintenance works instead: what a court can order, how it compares with divorce, and what to know about property, taxes, insurance and a later divorce.

Sources

  1. ^ 50 U.S.C. § 3932, stay of proceedings for servicemembers (govinfo.gov)
  2. ^ 10 U.S.C. § 1408, dividing military retired pay (govinfo.gov)
  3. ^ O.C.G.A. § 19-5-2, residence requirements (Justia)
  4. ^ 50 U.S.C. § 3931, protection against default judgments (govinfo.gov)
  5. ^ TRICARE, former spouses
  6. ^ Military OneSource, rights and benefits of divorced military spouses
  7. ^ 10 U.S.C. § 1448, Survivor Benefit Plan elections, including former-spouse coverage (govinfo.gov)
  8. ^ 10 U.S.C. § 1450, Survivor Benefit Plan payments and deemed elections (govinfo.gov)
  9. ^ O.C.G.A. § 19-9-3, judge decides custody (Justia)
  10. ^ Military OneSource, legal assistance for service members and families

Laws and court rules change. If something here looks out of date, email help@divorce.city.

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