Mesa Military Divorce Attorney

When most people think about divorce, they typically consider dividing assets, establishing custody arrangements, and determining support payments. But if you or your spouse is in the military, the process becomes much more complicated. Deployment schedules, military retirement benefits, TRICARE, housing allowances, and jurisdictional questions all add new layers to the legal process.

At Nye Family Law, we specialize in helping both active-duty military members and their spouses navigate this complex legal landscape. As a dedicated Mesa military divorce attorney, I’m here to protect your rights, explain your options, and make sure you walk away with a clear path forward—whether you’re stationed at Luke Air Force Base, the National Guard, or serving from abroad.

Military Divorce Jurisdiction in Arizona: Where and How to File

Military families move often. That’s why jurisdiction is one of the first hurdles we address when filing for divorce. Arizona law requires that at least one spouse reside in the state for 90 days before filing for divorce (A.R.S. § 25-312). Fortunately, for military personnel, being stationed in Arizona counts toward fulfilling residency requirements.

This means if you’re a service member assigned to a base in Arizona—even temporarily—you can file for divorce here. That also means Arizona courts will handle your child custody orders, property division, and spousal support arrangements.

If both spouses are military or living in different states, deciding where to file can become a strategic decision. We’ll help you weigh the pros and cons of filing in Arizona versus another jurisdiction.

Dividing Military Pensions and Retirement Pay

One of the most complex—and often contested—issues in a military divorce is the division of retirement benefits. Military pensions are considered marital property under the Uniformed Services Former Spouses’ Protection Act (USFSPA). That means Arizona courts can divide them just like any other marital asset.

Arizona is a community property state. That means anything earned during the marriage is presumed to be equally owned by both spouses, including military retirement pay. However, only the portion of the pension earned during the marriage is divisible.

If your marriage lasted at least 10 years, overlapping with 10 years of military service, the non-military spouse may be eligible to receive direct retirement payments from the Defense Finance and Accounting Service (DFAS). This is known as the “10/10 Rule.” But even if your marriage was shorter, the court can still award a portion of the retirement, though payments must be made privately.

We ensure the division is completed properly with a Military Pension Division Order (MPDO) that complies with both Arizona law and federal DFAS requirements.

Addressing BAH, BAS, and Other Military Benefits

Unlike civilian pay, military compensation includes a range of non-taxable allowances, such as:

• BAH (Basic Allowance for Housing)
• BAS (Basic Allowance for Subsistence)
• Special Duty Pay
• Overseas Housing Allowances
• Combat Pay

These benefits must be considered when calculating child support and spousal maintenance. Arizona courts will consider the total compensation package, not just base pay, when determining support obligations.

As your Mesa military divorce attorney, we will gather all relevant military pay stubs, LES (Leave and Earnings Statement) records, and benefit documentation to ensure a fair and accurate calculation.

Parenting Time and Custody in a Military Context

Child custody can be especially challenging for service members. Frequent moves, temporary duty assignments (TDYs), and deployments necessitate custody arrangements that are both flexible and legally enforceable.

Arizona courts base custody decisions on the “best interests of the child,” outlined in A.R.S. § 25-403. This includes factors such as:

• Each parent’s ability to provide stability
• The child’s adjustment to home, school, and community
• The relationship between the child and each parent
• Whether one parent is likely to allow frequent and meaningful contact with the other

We help our clients craft Parenting Plans that address deployment, relocation, and virtual visitation. Arizona law (A.R.S. § 25-411) also allows for temporary modifications during deployment, ensuring that children maintain a secure routine even when a parent is away.

Child Support and the Military

Child support obligations are determined using Arizona’s Child Support Guidelines. However, the unique nature of military compensation necessitates careful calculation. Courts will consider all sources of income, including:

• Base pay
• Allowances (BAH, BAS)
• Bonuses
• Special pays

A military parent’s support obligations do not go away during deployment, and failure to pay can result in garnishment of wages or even military disciplinary actions.

We help ensure that the child support order is fair, enforceable, and accurately reflects the financial picture for both parties.

Spousal Maintenance (Alimony) in Military Divorces

Spousal maintenance—commonly referred to as alimony—may be awarded based on the receiving spouse’s needs and the paying spouse’s ability to pay. Arizona courts evaluate multiple factors, such as:

• The length of the marriage
• Each spouse’s earning capacity
• Contributions to the marriage (e.g., putting a spouse through school)
• Age and health of each spouse
• Whether the marriage affected the spouse’s ability to pursue a career

Military divorces often involve spouses who gave up career opportunities due to frequent moves or supported their partner during long deployments. We ensure that history is acknowledged in court.

There’s no fixed formula for alimony in Arizona, so having a knowledgeable military divorce lawyer in Mesa on your side can make a significant difference.

Health Care, TRICARE, and Survivor Benefits

Military divorces raise serious questions about health care, especially for non-military spouses. Depending on the length of the marriage and military service, a former spouse may be eligible for TRICARE coverage under the 20/20/20 rule:

• 20 years of marriage
• 20 years of military service
• 20 years of overlap

Under this rule, the former spouse retains full military benefits, including TRICARE and commissary privileges. If the overlap is only 15 years, the spouse may get temporary transitional health benefits.

Survivor Benefit Plan (SBP) coverage must also be addressed during the divorce. If it’s not ordered in the divorce decree, the non-military spouse may lose the right to survivor payments.

We help our clients lock in these benefits during negotiations and ensure they’re properly documented in the decree.

Legal Protections Under SCRA

If you’re an active-duty service member, you have specific legal protections under the Servicemembers Civil Relief Act (SCRA). This law protects you from default judgments in divorce proceedings and gives you the right to delay or “stay” court action while you’re on deployment or otherwise unable to participate.

This ensures that military service members are not disadvantaged simply because they are performing their duty to the country. Our firm takes every step to ensure compliance with SCRA when serving active military personnel.

How We Help at Nye Family Law

Military divorce is complicated. You need a Mesa divorce attorney who understands both Arizona law and military regulations. We bring decades of combined experience helping military families untangle these legal challenges.

Whether you’re the service member or the civilian spouse, we’ll explain how military rules intersect with state law, and we’ll fight to protect what matters most to you—your kids, your retirement, and your future.

Our Mesa military divorce attorney services include:

• Divorce filings and jurisdictional analysis
• Custody and parenting plans for military families
• Child and spousal support calculations
• Retirement and pension division (USFSPA and DFAS compliance)
• Military benefits advisement (TRICARE, SBP)
• SCRA protections for service members

FAQ: Mesa Military Divorce Attorney

Can I get divorced while deployed?

Yes. You can file for divorce even while deployed. Still, your rights are protected under the Servicemembers Civil Relief Act (SCRA), which may allow you to postpone the proceedings if you’re unable to participate.

Will I lose my military pension in the event of a divorce?

Not necessarily. Only the portion of the pension earned during the marriage is subject to division. The final division depends on the court’s ruling, the length of the marriage, and the service overlap.

Do I need to live in Arizona to file here?

If you or your spouse has lived in Arizona for 90 days—or if you’re stationed here—you can file for divorce in the state.

Can my civilian spouse keep TRICARE?

They may qualify if the marriage and service lasted at least 20 years with a 20-year overlap. Otherwise, transitional coverage may be applicable depending on the specific details.

How do we handle custody if I’m deployed?

Your parenting plan can include temporary custody arrangements, virtual visitation, and automatic reinstatement clauses upon your return to ensure continuity of care. Arizona law supports modifications during deployment.

Let’s Talk—We’re Ready to Stand With You

If you’re facing a military divorce, the stakes are too high to go it alone. You need a military divorce lawyer in Mesa who’s ready to advocate for your interests from day one.

At Nye Family Law, we’re here to help you navigate the legal system with clarity, compassion, and the strength of experience. Whether you’re on base or overseas, we’re ready to support you.

Contact us today to schedule a consultation with a Mesa divorce attorney who understands what you’re going through—and knows how to help.