Military Divorce Checklist

Under A.R.S. § 25-312, at least one spouse must have been domiciled in Arizona for 90 days before filing. For active-duty service members stationed in Arizona, military orders establishing presence in the state can satisfy domicile for residency purposes.

File your Petition for Dissolution of Marriage at the Superior Court in the county where either spouse resides (e.g., Maricopa, Pima, Yuma). If the service member is deployed, file in the county of the military spouse's Arizona residence.

Under the SCRA and USFSPA, jurisdiction can be based on the service member's domicile (home of record), state of legal residence, or consent. If the service member has never lived in Arizona, they must consent to Arizona jurisdiction or the case may need to be filed in their home state. This is a critical threshold question — consult an attorney if unclear.

The Servicemembers Civil Relief Act (50 U.S.C. § 3931) allows an active-duty service member to request a stay (delay) of proceedings for at least 90 days if military duty materially affects their ability to appear. Courts may grant additional extensions. The military spouse should not assume proceedings will move on a standard timeline.

Arizona is one of only three states recognizing Covenant Marriage (A.R.S. § 25-901). If your marriage license says 'Covenant Marriage,' stricter grounds for divorce apply — including mutual consent, adultery, abuse, or a legal separation period. Standard 'irretrievable breakdown' grounds do not apply to covenant marriages.

You will need a certified copy of your marriage certificate. Both spouses should gather valid photo ID (driver's license, state ID, or military ID/CAC card). Contact the county recorder's office where you were married to obtain certified copies.

DD Form 214 (Certificate of Release or Discharge) documents military service history. For currently active service members, gather current deployment or PCS orders. These establish dates of service, which are critical for calculating the community property portion of military retirement.

The LES shows base pay, BAH (Basic Allowance for Housing), BAS, and any special pays. Under Arizona community property law, income earned during marriage is community property. Collect at least 12 months of LES records, available through MyPay (https://mypay.dfas.mil).

Pull the most recent Thrift Savings Plan (TSP) statement and any retirement point statements (for Reserve/Guard members). The Defense Finance and Accounting Service (DFAS) can provide a military retired pay estimate. These documents are essential for calculating the community portion subject to division.

Arizona presumes all assets and debts acquired during the marriage are community property (A.R.S. § 25-211). Gather bank account statements, vehicle titles, mortgage statements, credit card statements, and any investment or brokerage accounts. Separate any pre-marital assets or gifts/inheritances (separate property) with supporting documentation.

If minor children are involved, collect birth certificates for each child, current school enrollment records, and any existing custody or guardianship orders. These are required when filing a Parenting Plan with the court under A.R.S. § 25-403.

Arizona community property law entitles the non-military spouse to a share of the military retirement earned during the marriage. The community portion is typically calculated as: (years of marriage overlapping military service) ÷ (total years of creditable military service) × 50%. Work with a family law attorney or QDRO specialist familiar with USFSPA.

Under the USFSPA, a former spouse can receive direct payment of their share from DFAS only if the couple was married for at least 10 years overlapping with 10 years of creditable military service (the '10/10 rule'). If this threshold is not met, the service member must pay the former spouse directly — but the court can still divide the pension. Document your marriage and service overlap carefully.

The TSP (federal military retirement savings account) requires a Retirement Benefits Court Order (RBCO) — not a standard QDRO — to divide. File the RBCO with TSP after your divorce decree is entered. Visit tsp.gov for the specific form and requirements. Failure to submit a proper order means the non-military spouse loses their share.

Under A.R.S. § 25-319, a court may award spousal maintenance to either spouse based on need, standard of living, length of marriage, and ability to pay. If the military spouse was financially dependent during the marriage (e.g., followed the service member through PCS moves), this may support a maintenance award. BAH and other allowances may be considered income.

The Survivor Benefit Plan (SBP) provides a monthly annuity to a former spouse if the service member dies before or after retirement. A court order can require the service member to elect former spouse SBP coverage. There is a strict one-year deadline from the divorce decree to submit the SBP election — missing it permanently forfeits coverage. Address SBP in your divorce decree.

Critical: VA disability pay is NOT divisible as community property under federal law (Uniformed Services Former Spouses' Protection Act, as clarified by Howell v. Howell, U.S. Supreme Court, 2017). Do not include VA disability compensation in the property division calculation. If the service member waives retirement pay in exchange for VA disability pay, the former spouse may see a reduction in their share — plan accordingly.

File your Petition (and Response if applicable) at your county's Superior Court. Arizona courts use standardized family court forms available at azcourthelp.org. Filing fees are approximately $300–$400 in most Arizona counties. If the service member cannot appear due to deployment, the SCRA may allow them to delay proceedings.

Service of process on an active-duty service member must comply with both Arizona Rules of Civil Procedure and the SCRA. Personal service is preferred. If the service member is deployed overseas, coordinate with their unit's JAG office for assistance. Do not use substitute or publication service without exploring all alternatives first.

The decree must specifically address all community property, debts, spousal maintenance, parenting plan, and military benefits (pension, SBP, TSP). Vague language about military retirement division can lead to enforcement problems with DFAS. Arizona courts will not enter a final decree until the mandatory 60-day waiting period from service of process has passed (A.R.S. § 25-329).

DFAS requires a court order that meets specific language requirements to divide military retirement pay. This is separate from the divorce decree itself. The order must include the service member's full name, SSN, branch of service, and the formula or fixed dollar amount of the former spouse's share. Download DFAS's 'Guidance on Acceptable Retirement Division Orders' at dfas.mil before drafting.

After the decree is entered, submit your USFSPA court order to DFAS (Cleveland Center) and your RBCO to TSP. DFAS processing can take 90–180 days. Follow up proactively. Missing the SBP one-year election deadline is irreversible.

Arizona requires a Parenting Plan addressing both legal decision-making authority and parenting time (A.R.S. § 25-403.02). For military families, courts recognize that deployment and PCS moves require added flexibility. Your plan must include provisions for how parenting time is handled during deployment, temporary custody modifications, and how the service member will exercise parenting time when on leave.

Arizona courts strongly encourage — and many require — deployment-specific provisions under A.R.S. § 25-411. Address: who cares for the child during deployment (family member preference is recognized), how the deployed parent will maintain contact (video calls, care packages), and how quickly normal parenting time resumes after return from deployment. Failure to plan for this proactively can lead to costly future litigation.

If the military spouse receives PCS orders requiring relocation, they must provide the other parent with 45 days written notice under A.R.S. § 25-408. The non-relocating parent can petition the court to prevent the move. Courts weigh the child's best interests, including the reason for the move (PCS orders are given significant weight). Address relocation procedures in your parenting plan proactively.

Arizona courts distinguish between legal decision-making (decisions about education, healthcare, religion) and parenting time (physical custody schedule). For military families, sole or joint legal decision-making should be carefully considered given the possibility of deployment-related unavailability. Courts favor arrangements that preserve both parents' relationships with the child.

Child support is calculated using the Arizona Child Support Guidelines (A.R.S. § 25-320, Appendix). For military members, gross income includes base pay, BAH, BAS, and special pays. Be sure all military pay components are included in the income calculation. Submit the Child Support Order through the Arizona DES Child Support Services for enforcement assistance.

Former spouses may retain TRICARE health coverage if they meet the '20/20/20' rule: 20 years of marriage, 20 years of military service, and 20 years of overlap. The '20/20/15' rule provides one year of transitional TRICARE coverage if there are 20 years of marriage and service but only 15 years of overlap. If you do not qualify, you may purchase coverage through the Continued Health Care Benefit Program (CHCBP) for up to 36 months. Visit tricare.mil to verify eligibility.

Upon divorce, the former spouse loses eligibility for a military dependent ID card (if they do not meet 20/20/20 requirements). The service member should notify their unit's personnel office (S1/G1/MPF). Authorized base access and commissary/exchange privileges are tied to ID card status. Update these promptly to avoid legal complications.

Federal law (FSGLI) governs Servicemembers' Group Life Insurance (SGLI). Unlike many civilian accounts, SGLI beneficiary designations are controlled by federal law — a divorce decree does NOT automatically remove an ex-spouse as beneficiary. The service member must proactively file a new SGLI beneficiary form (SGLV 8286) through their unit after the divorce is finalized.

If you are the service member, you may request a stay of civil proceedings under the SCRA (50 U.S.C. § 3931) if military duty prevents you from participating. Submit a written request to the court with a letter from your commanding officer confirming your inability to appear and that military duty is expected to continue. Courts must grant an initial 90-day stay; additional stays are discretionary.

Update DEERS (Defense Enrollment Eligibility Reporting System) immediately after the divorce is final to reflect the change in dependent status. Failing to update DEERS can result in overpayment issues and benefits fraud complications. Also update any VA records and notify the Social Security Administration if name changes are involved.

Mail a certified copy of your USFSPA-compliant court order and required DD Form 2293 (Application for Former Spouse Payments from Retired Pay) to DFAS Retired and Annuitant Pay, P.O. Box 7130, London, KY 40742. Include the service member's SSN, branch, and date of divorce. Track your submission and follow up after 60 days.

The SBP election for former spouse coverage must be submitted to DFAS within one year of the divorce decree. If the service member fails to voluntarily elect coverage, the former spouse can 'deemed election' by writing directly to DFAS within the one-year window. This is a hard federal deadline — missing it means permanently losing SBP protection.

Arizona law (A.R.S. § 14-2804) automatically revokes certain testamentary provisions in favor of an ex-spouse upon divorce, but does NOT automatically update powers of attorney or healthcare directives. Draft new estate planning documents, including a will, durable power of attorney, and healthcare directive, immediately after the divorce is finalized.

If a name change is granted in the decree (A.R.S. § 25-325), update your Social Security card first (ssa.gov), then your Arizona driver's license (AZ MVD), passport, bank accounts, and military records. Provide a certified copy of the decree containing the name change order to each agency.

Given the high jurisdictional complexity of military divorces — overlapping federal and Arizona state law — a review by a Certified Family Law Specialist with military divorce experience is strongly recommended before signing any final agreement. Arizona attorney fees for contested military divorces can reach $15,000–$30,000+; investing in a review of an uncontested agreement ($1,500–$3,500) can prevent costly mistakes involving pension, SBP, and TRICARE.