Navigating Military Divorce in Evans, Georgia: Protect Your Rights and Benefits

Navigating Military Divorce in Evans, Georgia: Protect Your Rights and Benefits

Located just north of Fort Gordon, Evans, Georgia is home to many active‑duty service members and military families. Because of its proximity to one of the largest military installations in the Southeast, residents often encounter unique legal issues that require knowledgeable counsel. Military divorces pose distinctive challenges because they involve an overlap of federal and state laws, special protections for service members, and complex rules for dividing military benefits. Whether you serve in the Army, Navy, Air Force, Marine Corps or are the spouse of a service member, understanding your rights is critical before you file. This article takes a client‑focused look at how military divorces work in Columbia County, why they differ from civilian divorces, and how to protect your family, finances and future.

Why Military Divorces Are Different

In a typical civilian divorce, couples file in the county where one spouse resides and rely solely on state law to determine property division, child custody and support. Military families, however, may live in several states due to transfers and deployments. Only one spouse must live in Georgia for six months before filing.

Deployments and temporary duty assignments can also complicate scheduling, custody and visitation arrangements. Georgia courts can make temporary custody decisions during a deployment, temporary parenting plans outline how children will stay in contact with a deployed parent, how time may be delegated to extended family, and how the parenting plan will resume when the parent returns.

Division of Military Pensions and Benefits

One of the most significant issues in a military divorce is dividing retirement benefits. The Uniformed Services Former Spouse Protection Act (USFSPA) allows state courts to treat military pensions as marital property and award a portion to the non‑military spouse. Contrary to popular belief, a former spouse is not automatically entitled to a share of the service member’s pension. The court decides whether to award a portion based on Georgia’s equitable‑distribution laws. If awarded, the pension is divided along with other marital assets such as homes, vehicles and investment accounts.

Example: Imagine a couple, John and Sarah, who married when John had already served six years in the Army. Over the next twelve years, John accrued an additional twelve years of service while Sarah managed the household and their finances. Under the USFSPA, the court could award Sarah a percentage of John’s retirement pay because it’s considered marital property. Even though she did not serve in the military, her contributions to the marriage—including supporting John through deployments and maintaining their home—justify an equitable share of his pension.

Understanding the 10/10 Rule

There is much confusion surrounding the so‑called 10/10 rule. This rule does not determine

whether a spouse is entitled to a portion of the pension; rather, it governs how payments are made. Under the rule, if the spouses were married for at least ten years and the service member performed at least ten years of creditable service during the marriage, then the Defense Finance and Accounting Service (DFAS) can pay the former spouse directly. If the couple does not meet the 10‑year overlap, the court may still award a share of the pension, but the service member must make the payments personally.

Example: Returning to John and Sarah—because they were married for twelve years and John served ten of those years on active duty, Sarah qualifies for direct DFAS payments under the 10/10 rule. If John had only served eight years during their marriage, Sarah would still be entitled to her court‑ordered share of the pension, but John would have to send the payments to her himself rather than having DFAS handle it.

20/20/20 and 20/20/15 Rules

Beyond the 10/10 rule, there are other thresholds that determine eligibility for continued medical, commissary and base privileges. Under the 20/20/20 rule, a former spouse who was married to the service member for at least 20 years, with 20 years of creditable service and a 20‑year overlap, may continue to receive medical coverage and base privileges after divorce. The 20/20/15 rule allows limited benefits when the overlap is at least 15 years. These rules can significantly affect the non‑military spouse’s healthcare and quality of life. Because they are complex, it’s essential to consult a lawyer who understands both Georgia family law and federal military regulations.

Example: Suppose Mary and David were married for 18 years, and David served 20 years in the Air Force. Their marriage overlapped 18 of those years, so Mary falls under the 20/20/15 category. After the divorce, she may receive one year of transitional medical benefits but will not retain full TRICARE for life. If they had been married for two more years with a full 20‑year overlap, Mary would qualify under the 20/20/20 rule and maintain lifetime base privileges and healthcare coverage.

Survivor Benefit Plan

Another critical consideration is the Survivor Benefit Plan (SBP). This optional insurance plan provides ongoing income to the former spouse if the service member dies after retirement. During divorce negotiations, spouses must decide whether to elect SBP coverage and who will pay the premiums. Without this election, a former spouse’s share of the pension ends at the member’s death, potentially leaving them without a major source of retirement income.

Example: Assume John chooses not to elect SBP coverage for Sarah. If John dies before Sarah, her share of his retirement pay will stop immediately. However, if they agree to elect SBP and designate Sarah as the beneficiary, she will continue to receive a percentage of his retirement income for the rest of her life, even after his death. Couples should weigh the cost of premiums against the security SBP provides.

Healthcare Coverage

Military divorces also involve questions about healthcare. Under Georgia law, courts aim to equitably distribute healthcare benefits, and the USFSPA allows former spouses to continue certain medical coverage. The 20/20/20 rule (and its variants) govern eligibility for TRICARE coverage. Even without TRICARE, non‑military spouses may seek coverage through COBRA or private plans. A lawyer can help evaluate options and negotiate the best outcome.

Child Custody and the Military Parents Rights Act

Child custody disputes can be especially challenging when one parent is stationed far from home or faces deployment. Courts manage temporary custody arrangements, communication, and the resumption of parenting time after deployment. Instead, courts evaluate the best interests of the child, considering stability, the child’s relationship with each parent, and the logistics of long‑distance parenting. To minimize conflict, many military families use detailed parenting plans that include provisions for video calls, travel arrangements and delegating visitation to grandparents or other relatives during deployment.

Steps to Take When Considering a Military Divorce

• Consult a Military‑Savvy Attorney: Because of the overlap between state law, federal statutes and Department of Defense regulations, choose a lawyer experienced in military divorces. Dallas & Gracey has as office in Thomson, but we serve Columbia County and understand the local courts and military benefits.

• Gather Financial Documents: Collect pay stubs, LES statements, retirement account information, property deeds and debts. A clear picture of your finances will aid in equitable distribution.

• Understand Your Benefits: Determine whether you meet the 10/10 rule for direct DFAS payments and whether the 20/20/20 or 20/20/15 rules apply. Discuss SBP options and medical coverage with your attorney.

• Plan for Deployment: If deployment is imminent, work with your spouse to create a temporary custody and visitation plan. Courts favor plans that maintain the child’s relationship with both parents and ensure stability during transitions.

• Consider Mediation: Many families prefer to resolve divorces privately through mediation or collaborative law. Mediation can save time, reduce stress and give you greater control over your settlement. It's also required in Columbia County.

• Budget for Retainers: Attorneys often require retainers for complex cases. Plan your budget accordingly and discuss fee structures up front to avoid surprises.

Conclusion

Military divorces are inherently more complex than civilian divorces, especially in communities like Evans where service members and their spouses must navigate both federal and state law. Understanding residency options, SCRA protections, the USFSPA and its 10/10, 20/20/20 and 20/20/15 rules, as well as Georgia’s Military Parents Rights Act, is essential to protecting your rights. By working with a knowledgeable military divorce attorney, you can ensure that your property is fairly divided, your retirement benefits are preserved and your children’s best interests remain at the forefront. Whether you’re stationed at Fort Gordon or call Evans home while your spouse serves elsewhere, Dallas & Gracey stands ready to guide you through every step of the process.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique. If you would like to discuss your situation with an attorney, please call Dallas & Gracey Law Firm to schedule a consultation.

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