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Complex Divorce & Family Law
Veteran-led representation in the issues unique to military families.
Michael Mackhanlall is a U.S. Air Force combat veteran, and he understands that a military divorce involves a layer of federal rules that civilian divorces never touch — from pension division to the protections that apply while a servicemember is deployed.
The Uniformed Services Former Spouses' Protection Act (USFSPA) allows a state court to treat disposable military retired pay as marital property subject to division. A common point of confusion is the 10/10 rule: when the marriage and the creditable service overlap for at least 10 years, the former spouse can be paid directly by DFAS. The 10/10 rule governs the method of payment — not whether the pension can be divided.
The Servicemembers Civil Relief Act (SCRA) can pause (stay) a divorce proceeding while a member is on active duty and for a period afterward, so that military service does not prejudice a deployed spouse who cannot appear.
A court can divide the marital portion of disposable retired pay. The amount depends on the overlap of marriage and service — not an automatic one-half.
If the marriage and military service overlapped at least 10 years, the former spouse's share can be paid directly by DFAS. It affects payment method, not divisibility.
The SCRA can stay the case during active duty so a deployed servicemember is not defaulted or disadvantaged.
It depends on residence and domicile. With a mobile military family this can be a real strategic question, and we help you choose the right forum.