Why Military Status Changes Everything
A “military divorce” follows Washington’s standard dissolution process – but federal statutes, Department of Defense regulations, and deployment realities layer on unique rules. Spokane’s proximity to Fairchild Air Force Base means judges see these cases often, yet many online guides overlook local court nuances and base resources.
Weaving in military-specific requirements and regulations means what may be a “basic” divorce for a civilian suddenly becomes significantly more complicated. Although many Washington counties let pro se parties file and represent themselves in court, they are held to the same standard as an attorney and the multitude of state and local laws raise the stakes for unrepresented parents. Whether you are the parent on active-duty or you have a military spouse, speaking with an attorney is crucial in ensuring that your rights are protected from beginning to end.
The 7 Critical Issues
Jurisdiction & Residency
Washington lets service members file if stationed in the state, even without traditional residency. That means an airman living in base housing can file in Spokane Superior Court the same day orders drop.
SCRA Stays & Service of Process
Under the Servicemembers Civil Relief Act (SCRA), active‑duty spouses may request a 90‑day stay (or longer) if deployment hinders participation. The active-duty party must file an affidavit of military service before default judgments. Be prepared for timelines to stretch.
Dividing Military Retired Pay (USFSPA)
The Uniformed Services Former Spouses’ Protection Act lets Washington courts treat military pensions as community property. Direct pay from DFAS requires 10 years of marriage overlapping 10 years of service, but courts may still award a share even if you don’t meet the 10/10 rule – you’ll just need alternate enforcement.
Tip: Using precise language is critical with COLA to avoid under‑payments.
BAH, BAS & COLA in Child Support
Washington’s worksheets treat Basic Allowance for Housing (BAH), Subsistence (BAS), and Cost‑of‑Living Allowance (COLA) as income. Spokane commissioners expect your LES when calculating support. A mid‑year PCS from Cannon AFB (low BAH) to Fairchild AFB (high BAH) may justify a modification.
Healthcare & Survivor Benefits (SBP)
TRICARE coverage for former spouses hinges on the “20/20/20” or “20/20/15” rule (years of marriage/service overlap). Survivor Benefit Plan (SBP) coverage must be elected within one year of the decree – miss the deadline and DFAS may ignore your court order.
Custody & Deployments
Washington law bars courts from permanently changing custody because of deployment alone. However, parents can temporarily assign residential time to a relative or step‑parent while deployed. Upon return, the original schedule resumes unless a party files a Petition to Change a Parenting Plan and the court finds best‑interest grounds to modify.
Consider including a “deployment clause” in your parenting plan, such as:
- Notice timeline when orders arrive (e.g., 30 days)
- Virtual‑visitation schedule (Zoom, WhatsApp)
- Transfer of visitation to a designated relative
PCS Moves & Relocation
Moving out of the school district or across state lines triggers Washington’s relocation statute (RCW 26.09.405–560). Service members receive some leeway, but you must send formal notice – failure can lead to contempt and relocation denial.
Step‑by‑Step Spokane Military Divorce Timeline
| Stage | Typical Span | Notes |
| File Petition & Serve | Day 0-30 | LES & DD‑214 are often required exhibits |
| SCRA Stay (if requested) | + 90 days | Judge may set a status conference at day 120 |
| Temporary Orders | Weeks 4–8 | JAG can’t represent you in court – hire civilian counsel |
| Mediation & Discovery | Months 2-6 | Pension valuation letter from DFAS may take 45 days |
| Settlement / Trial | Months 6-12+ | Trials often require in-person appearance from the parties – coordinate with your superiors as soon as possible |
Unmarried Military Parents Seeking a Parenting Plan
For unmarried Military parents, it’s still possible to establish a parenting plan and child support without a divorce. Washington provides a Parentage path for service members and civilians:
- Establish Parentage – file the Petition for Parenting Plan or Residential Schedule.
- Draft a Parenting Plan – consider including proposed deployment clauses as above.
- File Your Case – many Washington counties allow for e-filing and remote appearances for hearings; make sure to check your local court rules.
Local Resources & JAG Contacts
| Resource | What You’ll Find |
| Fairchild AFB Legal Assistance Office | Free legal advice, notary, POAs |
| Spokane County Family Court | Family Law Motion dockets, Zoom links, and local rules |
| DFAS USFSPA Guidelines | Pension division rules & SBP deadlines |
| Parenting Plan & Child Support Forms | Basic, state-applicable forms |
FAQs
Can a Washington court divide my military pension if we were married less than 10 years?
Yes. The 10/10 rule only governs direct DFAS payment, not the court’s power to divide the pension.
Do I lose BAH after divorce?
BAH switches from “with dependents” to “without” once your ex stops residing with you (or upon divorce). Courts still treat the with‑dependents rate as income for support until then.
Can my ex move the kids while I’m deployed?
They must follow Washington’s relocation notice statute. Deployment can’t be used against you, and judges often delay rulings until you return.
Will TRICARE cover my ex‑spouse?
Only if your marriage met the 20/20/20 or 20/20/15 rule; otherwise, coverage ends at divorce.
What happens to my ex-spouse’s SBP after divorce?
If you have a court order directing your ex-spouse’s SBP to you, then either you may submit a Deemed Election form to DFAS as a Former Spouse.
Ready for Mission‑Focused Legal Support?
Schedule a consult with Veritas Law’s experienced Family Law team and get a personalized strategy before your next formation.
