Saratoga Springs Military Divorce Lawyer
A military divorce is decided under New York law, but federal rules control how military pay, pensions, health coverage and survivor benefits are divided and paid. As a Saratoga Springs military divorce lawyer, WhitsonLaw PLLC handles both sides: your case in Saratoga County Supreme Court and the DFAS, SBP, TRICARE and SCRA requirements that decide what you actually receive.
The firm is led by founding attorney Debra Whitson, a former prosecutor with more than 25 years of experience as a New York attorney. A graduate of Cornell University and Pace University School of Law, Debra is also an experienced mediator, a collaborative divorce practitioner and a Certified Divorce Specialist®. Call (518) 412-4111 to schedule a consultation.
At a Glance: What Military Spouses Should Know First
- Military retired pay earned during the marriage is marital property in New York.
- The 10/10 rule decides only who pays the former spouse, not whether a share is owed.
- VA disability pay cannot be divided, but it counts as income for support.
- Survivor Benefit Plan (SBP) coverage must be elected with DFAS within one year of the judgment.
- A deployed service member can ask for a stay of at least 90 days under the SCRA.
Why Hire a Military Divorce Lawyer?
The grounds for divorce are the same as any New York case. Most couples file on the no-fault ground of an irretrievable breakdown lasting at least six months (DRL § 170(7)). The difference is in the assets and paperwork. A pension order without the right federal language can be rejected by the Defense Finance and Accounting Service (DFAS). A missed deadline can end survivor coverage for good. A custody schedule built for a civilian job can fall apart at the first Permanent Change of Status (PCS) move.
A military divorce lawyer who drafts these orders regularly helps you avoid those mistakes. WhitsonLaw PLLC’s Saratoga Springs military divorce attorneys represent:
- Active-duty members of every branch
- New York National Guard members, including the 109th Airlift Wing at Stratton Air National Guard Base
- Reservists, whose retirement is measured in points rather than months
- Navy families connected to the Kesselring Site in West Milton
- Military retirees and civilian spouses of service members
Where Should a Military Divorce Be Filed?"
Two separate rules decide whether a New York court can handle your military divorce.
The divorce itself: At least one spouse must meet the residency rules in Domestic Relations Law § 230. In most cases, that means living in New York for one or two years before filing, depending on the circumstances.
The military pension: Even when New York can grant the divorce, federal law allows the court to divide military retired pay only if the service member:
- Considers New York their legal home,
- lives in New York for a reason other than military orders, or
- agrees to let the New York court decide.
For example, if a soldier stationed at Fort Drum considers Texas home and does not agree to a New York case, the couple could still divorce here, but the pension might have to be divided in Texas.
Because military families move often, more than one state may have the power to hear your divorce. Each state has its own rules for dividing property and setting support, so where you file can change the outcome. A Saratoga Springs military divorce attorney can compare your options and help you choose the best one. If you file here, your case will be heard in New York State Supreme Court in Ballston Spa, which handles divorces for Saratoga County.
How Is Military Retirement Divided in New York?
A federal law, the Uniformed Services Former Spouses’ Protection Act, allows state courts to divide military retired pay in a divorce. New York treats the part of military retired pay earned during the marriage as marital property. Courts usually apply the Majauskas formula: months of service during the marriage, up to the date the divorce was filed, divided by total months of service. The non-military spouse typically receives half of that marital share.
For example, if 144 of a member’s 264 months of service fell during the marriage, the marital share is 54.55 percent. The former spouse would receive half of that, or 27.27 percent of disposable retired pay.
A federal rule known as the frozen benefit rule locks in the pension amount that can be divided as of the date of divorce. The calculation uses the service member’s years of service at that point and their “high-3” pay, which is the average of their highest 36 months of base pay. Any raises or promotions after the divorce belong to the service member alone. DFAS pays no more than 50 percent of disposable retired pay as a property award. The former spouse applies for direct payment using DD Form 2293.
Military Divorce Rules Every Spouse Should Know
10/10 Rule
10 years of marriage overlapping 10 years of service lets DFAS pay the former spouse directly. A shorter marriage can still receive a share, paid by the service member instead.
20/20/20 Rule
20 years married, 20 years of service and 20 years of overlap lets the unremarried former spouse keep TRICARE, commissary and exchange privileges.
20/20/15 Rule
15 to 19 years of overlap provides one year of transitional TRICARE.
SBP Deemed Election
a former spouse awarded survivor coverage must file with DFAS within one year of the judgment.
Other Benefits Affected by a Military Divorce
Thrift Savings Plan
VA disability
TRICARE
Blended Retirement System
Divorcing a Deployed Spouse: The SCRA
The Servicemembers Civil Relief Act allows a court to pause a divorce for at least 90 days when military duty prevents a service member from taking part. It also blocks default judgments against service members who have not appeared.
A Saratoga Springs military divorce attorney can keep your case moving either way. For service members, we can negotiate a settlement you sign from your duty station. For spouses, we can request temporary support and custody orders while the case is pending.
Custody and Child Support for Military Families
New York decides custody based on the best interests of the child. Under Domestic Relations Law § 75-l, a custody change caused by deployment is temporary, and the court can let a family member exercise the deployed parent’s parenting time. A strong plan also covers video calls, PCS relocation and make-up time.
Child support is calculated under the Child Support Standards Act, and military allowances such as BAH and BAS are generally counted as income. Your Saratoga Springs military divorce lawyer should review the Leave and Earnings Statement closely, since tax-free allowances can change the support amount significantly.
Why Choose WhitsonLaw PLLC
- Orders done right the first time: as your military divorce attorney, we draft pension orders and RBCOs to DFAS and TSP requirements.
- Certified Divorce Specialists® aligned firm that addresses the legal, financial and emotional sides of divorce.
- Mediation and collaborative options that work by video across time zones, with experienced litigation when needed.
- Spanish-speaking attorneys and mediators for families who prefer to work in Spanish.
Work with an Experienced Saratoga Springs Military Divorce Attorney
Debra Whitson has spent more than 25 years helping New York families through divorce and custody disputes, first as a prosecutor and now as a family law attorney and mediator. She is the author of Divorce Like a Pro: A Better Way to Break Up and Child Custody Done Right. She was named one of the Top 10 Trailblazing Women of 2026, and WhitsonLaw PLLC was a 2025 Law Firm 500 honoree.
Free resources such as the Military OneSource divorce guide and your installation’s JAG office can explain your rights, but they cannot represent you in a New York divorce. When you need a military divorce lawyer to protect your pension, benefits and time with your children, call WhitsonLaw PLLC at (518) 412-4111 or visit our Saratoga Springs office. We serve Saratoga, Albany, Schenectady, Rensselaer, Warren, Washington and surrounding counties. Spanish-speaking attorneys and mediators are available.
Military Divorce FAQ
Is military retirement pay divided in a New York divorce?
Military retirement pay earned during the marriage is divided in a New York divorce. New York treats the marital portion of disposable retired pay as marital property and usually divides it with the Majauskas formula.
What is the 10/10 rule?
The 10/10 rule requires 10 years of marriage overlapping 10 years of service before DFAS pays the former spouse directly. It does not decide whether a share is owed.
Can I divorce my spouse while they are deployed?
You can file for divorce while your spouse is deployed, but federal law gives them extra protections. Under the Servicemembers Civil Relief Act, a deployed service member can ask the court to pause the case for at least 90 days. Many deployed spouses avoid that delay by signing an uncontested settlement from their duty station.
Is VA disability divided in a divorce?
VA disability compensation is not divided as property in a divorce. VA disability compensation is not marital property, though it can count as income for child support and maintenance.
Do I keep TRICARE after a military divorce?
A former spouse keeps TRICARE after a military divorce only if they meet the 20/20/20 rule. The 20/20/15 rule provides one year of coverage, and others may buy up to 36 months through CHCBP.
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