Military divorces are unique and often involve complex issues that go beyond typical family law cases. In 2025, there are significant changes to military divorce law that affect how Colorado courts handle military pensions, child custody, and deployments. Here’s an in-depth look at these changes.
1. Military Pension Division and the Uniformed Services Former Spouses Protection Act (USFSPA)
One of the most notable aspects of military divorce involves the division of military pensions. Under the Uniformed Services Former Spouses Protection Act (USFSPA), military pensions are treated as marital property, subject to division in divorce. However, the 2025 amendments clarify how Colorado courts will handle pension distribution, particularly when service members have long careers or complex military benefits.
Previously, many spouses had to fight to receive a portion of the pension if they were married during the service member’s active-duty years. The new rules streamline the process, offering clearer guidelines for the equitable division of pensions, including:
- Eligibility for Retirement Benefits: The spouse must be married to the service member for at least 10 years during active duty in order for the ex-spouse to be entitled to a direct share of the pension, as outlined by the 10/10 rule (10 years of marriage and 10 years of service).
- Direct Payments: Colorado courts have adopted procedures for military pension direct payments, allowing ex-spouses to receive their share without needing to go through the service member directly. This simplifies the process, ensuring more timely and secure payments.
For more detailed information on the USFSPA, you can visit the Defense Funding and Accounting Service site.
2. Child Custody and Parenting Time Adjustments for Military Families
Child custody in a military divorce requires consideration of unique challenges. Colorado courts are increasingly recognizing the impact of military life, including frequent relocations and deployments, when making custody decisions.
Recent legal changes allow for greater flexibility in how courts handle parenting time for military families. This flexibility ensures that military parents can remain involved in their children’s lives, even when deployed. Some important adjustments include:
- Parenting Plans Tailored for Deployment: Courts are now more likely to allow modifications to custody arrangements that account for deployment schedules. This means parents can create temporary custody agreements that consider the parent’s deployment, ensuring that children remain in stable environments while the service member is away.
- Post-Deployment Custody Adjustments: Following deployment, courts are often more inclined to adjust custody arrangements to ease the transition for both the child and the returning parent. This includes gradually reintroducing the service member into the child’s routine, allowing for smoother reunification.
These adjustments are designed to address the particular needs of military families while still prioritizing the best interests of the child. For more information on child custody laws in Colorado, you can review the Colorado Child Custody Laws at Colorado Judicial Branch.
3. Impact of Military Deployments on Custody and Parental Rights
One of the more significant changes for military divorces in 2025 is the emphasis on military deployments. The law now allows service members to designate a temporary guardian for their children during deployment, which helps mitigate the legal and emotional challenges that arise from being away for extended periods.
The Servicemembers Civil Relief Act (SCRA) has also been updated to provide military parents with additional protections during deployment, ensuring that their rights as parents are maintained. This includes:
- Automatic Custody Modifications: Military service members can request modifications to their custody agreements during deployment without facing automatic custody changes, provided that the other parent agrees or the court finds it in the best interest of the child.
- Temporary Guardianship: Military parents can designate a relative, friend, or trusted individual as a temporary guardian to ensure the child’s well-being during the deployment period. This prevents the other parent from unilaterally taking full custody during the deployment, helping to safeguard the service member’s parental rights.
For more on how deployments affect custody arrangements, refer to the Servicemembers Civil Relief Act (SCRA) official page.
4. Divorce Considerations for Service Members with Special Benefits
Service members may also have additional benefits that complicate divorce settlements, such as Veterans Affairs (VA) disability compensation or benefits tied to specific military service, including healthcare. These benefits may not always be subject to division in a divorce, depending on their nature.
Recent updates to divorce law in Colorado clarify that while VA disability benefits are typically excluded from asset division, they are often considered when determining spousal support (alimony). This means that in some cases, the non-service member spouse may be entitled to a portion of these benefits to ensure financial fairness in the divorce settlement.
Marching Toward Fairness and Clarity
Military divorce laws in 2025 bring important updates and greater clarity, particularly regarding the division of pensions, custody arrangements, and the impact of deployments. These changes are designed to make the divorce process smoother for military families while ensuring fairness and prioritizing the best interests of children.
If you or your family is facing a military divorce, it’s important to work with an experienced family law attorney who understands the unique challenges of military life. At Boal Law, we specialize in military divorce cases and can help you navigate these complexities with confidence.
If you’re going through a military divorce or need advice on any family law matter, contact Boal Law for expert guidance today.