Military Divorce Lawyer In Tacoma WA
Military life brings sacrifice, long separations, and constant change. When divorce enters the picture on top of all that, the stress can feel overwhelming. You may be facing questions about deployment, base housing, Tricare, pensions, and where to file, all at once.
At Schroader Law, we work with servicemembers and military spouses stationed at Joint Base Lewis-McChord and throughout Pierce County. Our goal is to protect your rights, your children, and your future while taking into account the realities of military service, including frequent moves and changing duty stations.
Federal and State Rules In Military Divorce
Military divorce is handled in state court like any other divorce, but federal laws add extra layers that affect timing, benefits, pensions, and where the case can be filed. We pay close attention to both Washington law and the federal rules that apply specifically to servicemembers and their families.
SCRA Protections For Active Duty Servicemembers
The Servicemembers Civil Relief Act (SCRA) can affect the timing of a divorce when one spouse is on active duty. Courts may delay proceedings if military duties prevent a servicemember from participating in the case, responding to papers, or attending hearings. This prevents default judgments when someone is deployed or otherwise unavailable because of service obligations.
These protections do not stop a divorce forever, but they do help ensure the process is fair and that neither party is blindsided by orders entered while one spouse is away on duty. We help clients request or respond to SCRA stays and work within those timelines to keep the case moving in a realistic way.
USFSPA and Military Retirement
The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retired pay as property that can be divided in a divorce. It also sets rules for when retired pay can be sent directly to a former spouse. The federal “10/10 rule” allows direct payment from the Defense Finance and Accounting Service (DFAS) when the parties were married for at least 10 years, with at least 10 of those years overlapping with creditable military service.
USFSPA does not guarantee any particular percentage to the former spouse. Instead, Washington’s property division rules and the length of the marriage drive how much of the retirement, if any, is awarded. We draft orders in language DFAS will honor so payments are processed correctly and on time.
Residency and Jurisdiction For Military Families
Military families often move frequently, which raises questions about where to file. In many cases, a divorce can be filed in Washington if:
- One spouse lives in Washington, or
- The servicemember is stationed in Washington, such as at Joint Base Lewis-McChord
This can apply even if one or both spouses claim legal residence in another state. The choice of where to file matters because each state has its own rules for property division, child support, and spousal maintenance. We talk through your ties to Washington and other states so you can make an informed decision about jurisdiction before filing.
Retirement, Benefits, and Support In Military Divorce
Military pay and benefits can be complex. Basic pay, BAH, BAS, special pays, and retirement benefits all play a role in divorce, both in property division and in support calculations. We work carefully through those pieces so nothing important is overlooked.
Dividing Military Pensions
Military retired pay earned during the marriage is often treated as community property in Washington. The share that can be divided is usually the portion earned between the date of marriage and the date of separation. Courts use formulas to determine each spouse’s share.
Whether DFAS sends payments directly depends on the 10/10 rule, but even without direct payment, a court can still award part of the retirement and require the servicemember to pay it. We draft clear orders that follow DFAS rules and Washington law so the intended division is actually carried out in practice.
Survivor Benefit Plan (SBP)
When a former spouse is awarded a share of military retired pay, it is often important to address the Survivor Benefit Plan. Without SBP coverage, those payments can stop if the servicemember dies first. Courts can order SBP coverage for a former spouse, and there are strict deadlines for making those elections.
We make sure SBP is addressed directly in settlement agreements or proposed court orders, so everyone knows whether coverage will be provided, who pays the premiums, and how that fits into the overall financial picture.
20/20/20 and 20/20/15 Rules
Some former spouses may keep military benefits after divorce depending on how long the marriage and service overlapped:
- 20/20/20 former spouses (20 years of marriage, 20 years of service, and 20 years of overlap) may retain certain medical, commissary, and exchange benefits as long as they do not remarry.
- 20/20/15 former spouses (20 years of marriage, 20 years of service, and 15 years of overlap) may receive limited medical benefits for a period after divorce.
These rules can significantly affect health coverage and base access. We help clients factor these thresholds into their planning, especially when they are close to reaching them at the time divorce is being considered.
BAH, Special Pay, and Support
Military income often includes BAH, BAS, and other allowances in addition to basic pay. These amounts usually count as income when setting child support and spousal maintenance in Washington. The updated child support schedule, effective 2026, uses both parents’ incomes, including allowances, when calculating support.
We collect full pay information, including LES statements, to correctly document income. This helps ensure support orders reflect the real financial situation, both for servicemembers and for military spouses.
Custody, Parenting Plans, and Relocation For Military Families
Raising children in a military family already involves long separations, moves, and schedule changes. Divorce does not change that reality, but it does add the need for court-approved parenting plans and clear expectations. We take those realities into account when building proposals that serve families stationed at JBLM and throughout Pierce County.
Parenting Plans with Deployment and Training
When one parent is in the military, deployments, training cycles, and temporary duty assignments can make a standard parenting schedule unrealistic. Washington courts can approve parenting plans that:
- Adjust parenting time before and after deployments
- Provide for virtual contact (video calls, phone calls, messages) during deployments
- Allow temporary changes to the schedule when orders require the military parent to be away
The goal is to keep both parents involved in the children’s lives while maintaining stability for the kids. We draft parenting plan language that directly addresses military schedules instead of pretending they do not exist. If there are concerns about safety or fitness, those may also factor into child custody and visitation decisions.
PCS Orders and Relocation
Permanent change of station orders can create major challenges when parents live in different states or one parent wants to move with the children. Washington’s parental relocation laws require notice and may allow the other parent to object if the move would significantly disrupt the relationship between the children and the non-moving parent.
For military families, moves often are not optional. We help parents present clear information about orders, timelines, and what the proposed move would mean for school, support systems, and parenting time. We also look at ways to preserve time with the non-moving parent through extended breaks and regular virtual contact, where appropriate.
Best Interests of the Children
Even in military cases, courts focus on what arrangement is best for the children. Service commitments alone are not supposed to be used to automatically reduce a parent’s time, but practical realities like deployment, unpredictable schedules, and long-distance moves must be addressed.
We work to present realistic plans that keep children safe and supported, while preserving meaningful relationships with both parents as much as possible. In cases involving domestic violence or other safety concerns, those issues take priority regardless of military status.
Why Choose Schroader Law For Military Divorce
Military divorce cases mix Washington family law with federal rules and military-specific benefits, which adds complexity to nearly every issue in the case. At Schroader Law, we handle these matters with close attention to both the legal rules and the practical realities of military life in Tacoma and at Joint Base Lewis-McChord.
Here is how we approach military divorce:
Careful Review of Orders and Service Status– We look closely at duty status, current orders, and potential upcoming moves. This helps shape decisions about where to file, timing, and how to structure parenting plans and support.
Detailed Financial and Benefit Analysis– We review LES statements, retirement service histories, and benefit eligibility to make sure pensions, allowances, and Tricare-related issues are addressed in any settlement or court proposal.
Attention to Federal Law Requirements– We draft orders with SCRA, USFSPA, DFAS rules, and SBP timelines in mind, reducing the risk that an order will be rejected or fail to produce the intended result.
Clear Communication with Clients– Military families often juggle time zones, deployments, and unusual schedules. We work to keep communication straightforward and predictable so you always know what stage your case is in and what comes next.
Our focus is on building durable orders that work in the real world of military life, not just on paper.
FAQs About Military Divorce In Tacoma and JBLM
- Do we have to file for divorce in the state where we are legal residents?
A. No. In many military families, divorce can be filed in a state where one spouse lives or where the servicemember is stationed, even if legal residence is elsewhere. Washington often is an option for servicemembers assigned to JBLM or spouses living in Pierce County.
- Can a divorce move forward while one spouse is deployed?
A. It can, but SCRA protections may allow delays if deployment or active duty obligations prevent meaningful participation. Courts can grant stays of the case to avoid unfair default judgments against deployed servicemembers.
- How much of a military pension can a former spouse receive?
A. That depends on how long the marriage overlapped with service and how the court decides to divide community property. There is no automatic 50 percent rule. Instead, Washington courts consider the length of the marriage, each spouse’s circumstances, and the overall property division.
- Do the 20/20/20 and 20/20/15 rules guarantee pension rights?
A. No. Those rules relate mainly to continued access to certain military benefits like medical coverage and base privileges. Pension division is handled under USFSPA and Washington law, which are separate from those benefit rules.
- How does BAH affect child support and maintenance?
A. BAH and other allowances often count as income when courts calculate child support and spousal maintenance. The updated Washington child support schedule that took effect in 2026 uses both parents’ income, including allowances, when setting support.
- What happens if PCS orders come during the case?
A. PCS orders can affect jurisdiction, parenting plans, and timing. In some situations, it makes sense to resolve certain issues before a move; in others, relocation issues must be addressed in court. We review the specific orders and timing to decide the best way to proceed.
- Can a military parent lose custody because of deployment?
A. Deployment by itself is not supposed to be used as the sole reason to reduce a parent’s role. Courts look at the overall best interests of the children and can use temporary modifications during deployment rather than permanent changes based only on military service.
- What if there are issues with family violence or protection orders?
A. Safety concerns take priority in any custody case, military or not. If there is domestic violence or protective orders involved, courts will consider those factors when making parenting decisions, regardless of military status.
- Can support orders be modified later if circumstances change?
A. Yes. If there are significant changes in income, duty status, or parenting schedules, either parent can request to modify support orders through the court. This includes changes related to promotions, PCS moves, or changes in children’s needs.
Military Divorce Support For Servicemembers and Families
Military divorce brings a mix of legal questions, financial issues, and family concerns that can feel overwhelming, especially when layered on top of deployments and frequent moves between duty stations like JBLM. The choices you make about jurisdiction, pensions, benefits, custody, and relocation will have long-term effects for you and your children.
At Schroader Law, we handle military divorce cases in Tacoma and Pierce County with careful attention to both federal rules and Washington law. Our aim is to put clear, workable orders in place that reflect the realities of military life and protect your long-term interests.
Contact us to schedule a consultation. We will review your situation, talk through your options, and outline practical next steps tailored to your circumstances.
You do not have to face this process alone. Reach out to Schroader Law and let us help you move forward with a clearer plan for your future.