HOW DOES A COLORADO MILITARY DIVORCE WORK?
A Colorado military divorce is an ordinary Colorado dissolution of marriage with federal law layered over it. Colorado law decides where you can file, how property is divided, whether maintenance is paid, and how parental responsibilities are allocated. Federal law controls how retired pay can be divided, what protections a service member on duty can claim, and which benefits a former spouse keeps.
That overlap shapes many divorces around Colorado Springs, where families are tied to Fort Carson, Peterson Space Force Base, Schriever Space Force Base, the U.S. Air Force Academy and Cheyenne Mountain Space Force Station. If you would rather talk about your own situation, our Colorado Springs military divorce lawyer page explains how the firm handles these cases.
TABLE OF CONTENTS
- Where to File: Colorado's 91-Day Domicile Rule
- Colorado Is a No-Fault State
- Serving a Deployed Spouse and the SCRA
- Dividing Military Retired Pay
- VA Disability Compensation
- Survivor Benefit Plan
- TRICARE, Commissary and Exchange
- Thrift Savings Plan
- Maintenance and Child Support With Military Pay
- Parenting Time and Deployment
- A Checklist Before You File or Respond
- Frequently Asked Questions
- Talking With a Colorado Springs Military Divorce Attorney
- Sources
WHERE TO FILE: COLORADO'S 91-DAY DOMICILE RULE
Under C.R.S. 14-10-106, a Colorado court can enter a decree of dissolution only if one spouse has been domiciled in Colorado for 91 days before the case is filed. Only one spouse has to meet it, so a non-military spouse's Colorado domicile can support the divorce even if the member claims another state as home. In El Paso and Teller counties, the case is filed in district court in the Fourth Judicial District.
Stationed Here Is Not the Same as Domiciled Here
The statute says "domiciled" and has no special rule for service members. The Colorado Supreme Court held in Viernes v. District Court, 181 Colo. 284, 509 P.2d 306 (1973), that mere presence in Colorado as a member of the armed forces is not enough, although a service member can establish a Colorado domicile. Whether a member has done so depends on the facts, so settle it before filing; Colorado courts have long held that the parties cannot waive the residence requirement by agreement.
Dividing Retired Pay Has a Separate Federal Test
A Colorado court that can grant the divorce may still lack authority to divide retired pay. Under 10 U.S.C. 1408(c)(4), a state court can treat retired pay as property only if it has jurisdiction over the member because of residence in the state for a reason other than military assignment, domicile in the state, or the member's consent.
In In re Marriage of Booker, 833 P.2d 734 (Colo. 1992), the Colorado Supreme Court explained that jurisdiction over this asset is governed by the federal Act rather than state rules of procedure, and that consent requires some affirmative conduct showing express or implied consent.
A spouse may therefore be able to end the marriage in Colorado but have to divide the pension in another state, unless the member consents to Colorado's jurisdiction.
The Children's Case Follows the Child's Home State
Under C.R.S. 14-13-201, Colorado generally can make an initial custody determination if it is the child's home state. C.R.S. 14-13-102 defines that as the state where the child lived with a parent for at least 182 consecutive days immediately before the case began, counting temporary absences. Living somewhere temporarily under an interim order entered under Colorado's deployment law does not make it the home state, and a family that arrived on new orders recently may need to wait or file the parenting case elsewhere.
COLORADO IS A NO-FAULT STATE
Colorado has one ground for divorce: the marriage is irretrievably broken (C.R.S. 14-10-106). Adultery, abandonment and other misconduct are not grounds, and under C.R.S. 14-10-113 the court divides marital property without regard to marital misconduct. Military conduct rules do not change this; a Colorado district court decides the divorce, not a commander.
A commander can, however, issue a military protection order. Under SB26-085, effective August 12, 2026, a Colorado court deciding whether to grant a temporary civil protection order must consider an existing military protection order as relevant evidence of a risk or threat of harm. Our guide to protection orders during a Colorado Springs divorce explains the civil process.
No decree can enter until at least 91 days after the court acquires jurisdiction over the responding spouse. For the full sequence of filing, disclosures and hearings, see our Colorado divorce timeline.
SERVING A DEPLOYED SPOUSE AND THE SCRA
Deployment does not bar filing for divorce, but it affects service and timing. The Colorado summons gives a respondent 21 days to respond if served in Colorado, and 35 days if served outside Colorado or by publication (Judicial Branch form JDF 1012).
The federal Servicemembers Civil Relief Act adds two protections for a service member. Both expressly apply to child custody proceedings as well as other civil cases.
Protection Against Default Judgments
If the service member does not appear, 50 U.S.C. 3931 requires an affidavit stating whether they are in military service. If they are, the court may not enter a judgment until it appoints an attorney for them, and it must grant a stay of at least 90 days if that attorney cannot reach the member or there may be a defense that requires the member's presence.
A default judgment entered during service, or within 60 days after it ends, can be reopened if service materially affected the member's ability to defend and the member has a meritorious or legal defense. The member must apply no later than 90 days after leaving military service.
Stays When the Member Has Notice
A member who knows about the case can ask for a stay under 50 U.S.C. 3932. The court must stay the case for at least 90 days if the application includes a letter from the member explaining how current duties materially affect the ability to appear and when the member will be available, plus a letter from the commanding officer stating that duty prevents appearance and leave is not authorized. If the court refuses an additional stay, it must appoint counsel for the member.
Asking for a stay is not an appearance for jurisdiction purposes and does not waive defenses. A stay pauses the case; it does not end it.
DIVIDING MILITARY RETIRED PAY
The Uniformed Services Former Spouses' Protection Act, 10 U.S.C. 1408, does not award a former spouse anything by itself. It lets a state court treat a member's "disposable retired pay" as property under state law, within federal limits. The right to a share comes from a court order; serving that order on the Defense Finance and Accounting Service (DFAS) only arranges direct payment.
What Disposable Retired Pay Means
Disposable retired pay is monthly retired pay minus deductions listed in the statute, including court-martial forfeitures, retired pay waived to receive VA disability compensation, the disability-based portion of retired pay for a member retired under chapter 61, and Survivor Benefit Plan premiums for coverage of a spouse or former spouse who receives a court-ordered share. The amount a court can divide may therefore be smaller than gross retired pay.
How Colorado Divides It
Colorado divides marital property equitably under C.R.S. 14-10-113, meaning fairly and not necessarily equally. The Colorado Supreme Court held in In re Marriage of Gallo, 752 P.2d 47 (Colo. 1988), that vested and matured military retirement pay accrued during all or part of a marriage is marital property subject to equitable division, stressing that the key to an equitable distribution is fairness, not mathematical precision.
In In re Marriage of Hunt, 909 P.2d 525 (Colo. 1995), the court approved a "time rule" for dividing a pension that will be paid in the future. The marital fraction is service earned during the marriage over total service, and that fraction is multiplied by the benefit and divided in half. If a court uses the time rule, Hunt held, the formula cannot be altered.
The Frozen Benefit Rule
When a decree divides retired pay and becomes final before the member retires, 10 U.S.C. 1408(a)(4)(B) computes the pay to be divided from the member's retired pay base and years of service on the date of the decree, increased by later cost-of-living adjustments. This applies to decrees that became final after December 23, 2016. In general, promotions and service after the divorce no longer raise the former spouse's share.
The 10/10 Rule and the 50 Percent Limit
The 10/10 rule is often misread as a requirement for receiving any share. It is not. Under 10 U.S.C. 1408(d)(2), DFAS pays a former spouse's property share directly only if the marriage lasted at least 10 years during which the member performed at least 10 years of creditable service.
With a shorter overlap, a Colorado court can still award a share, and the former spouse collects it from the member. Separately, the total DFAS pays from disposable retired pay under all court orders dividing it as property may not exceed 50 percent of disposable retired pay (1408(e)(1)), and section 1408 does not authorize a court to order a member to retire to start these payments.
VA DISABILITY COMPENSATION
VA disability compensation is not divisible as marital property. Retired pay waived to receive it is excluded from disposable retired pay, and in Howell v. Howell, 581 U.S. 214 (2017), the U.S. Supreme Court held that a state court may not order a veteran to indemnify a former spouse for the loss that waiver causes.
The Colorado Court of Appeals applied that rule in In re Marriage of Tozer, 2017 COA 151, holding that state courts are preempted from crafting equitable remedies to reimburse the former spouse. Howell added that a family court remains free to take account of reductions in value when it calculates or recalculates the need for spousal support.
Is VA Disability Counted as Income?
Colorado's gross income definitions for maintenance, in C.R.S. 14-10-114(8), and for child support, in C.R.S. 14-10-115(5), both begin with income from any source. Neither list names VA disability compensation as included or excluded; the listed exclusions include child support received and means-tested benefits such as Supplemental Security Income.
For child support, the Colorado Court of Appeals has answered the question. In In re Parental Responsibilities Concerning M.E.R-L., 2020 COA 173, it held that a trial court did not err by including a father's VA disability benefits in his gross income, and that the federal Uniformed Services Former Spouses' Protection Act does not prohibit it. For civilian disability benefits such as SSDI, see our article on divorcing a disabled spouse in Colorado.
SURVIVOR BENEFIT PLAN
Military retired pay, and a former spouse's share of it, stops when the retiree dies. The Survivor Benefit Plan can continue an annuity to a former spouse only if former spouse coverage is elected, and under 10 U.S.C. 1450(f)(4) a court order may require the member to elect it.
Two one-year deadlines matter. A participating member who switches to former spouse coverage must make the election in writing, and it must be received within one year after the date of the decree (10 U.S.C. 1448(b)(3)). If a court order requires the election and the member does not make it, the former spouse can request a "deemed election," but the request must be received within one year of the date of the court order (10 U.S.C. 1450(f)(3)).
Missing that window can leave a former spouse with no survivor coverage, so the decree should say plainly whether coverage is awarded and how the premium is allocated.
TRICARE, COMMISSARY AND EXCHANGE
A former spouse's health care and base privileges depend on federal thresholds that a Colorado decree cannot extend.
- 20/20/20: Under 10 U.S.C. 1072(2)(F), an unremarried former spouse remains eligible for TRICARE if the marriage lasted at least 20 years, the member performed at least 20 years of creditable service, and at least 20 years of the marriage overlapped that service, and the former spouse has no employer-sponsored health coverage. An unremarried 20/20/20 former spouse also keeps commissary and exchange privileges under 10 U.S.C. 1062.
- 20/20/15: If the marriage and service each lasted at least 20 years but overlapped for at least 15 and fewer than 20 years, an unremarried former spouse without employer-sponsored coverage keeps TRICARE eligibility under 1072(2)(H) only until one year after the date of the final decree (for decrees on or after April 1, 1985). Section 1062 does not extend commissary and exchange privileges to this group.
If neither rule applies, TRICARE eligibility as a military spouse generally ends with the divorce, so plan for other coverage before the decree.
THRIFT SAVINGS PLAN
A Thrift Savings Plan account is separate from retired pay. Property acquired during the marriage is presumed marital under C.R.S. 14-10-113, so contributions and growth during the marriage are generally part of the property division.
Under 5 U.S.C. 8440e, uniformed service members can participate in the TSP, and the former spouse protections in 5 U.S.C. 8435 apply to them. A decree or court order affects the account only if it expressly relates to the account balance and the TSP receives it before payment, so an order dividing retired pay does not divide the TSP.
MAINTENANCE AND CHILD SUPPORT WITH MILITARY PAY
Maintenance, the Colorado term for what many people call alimony, is governed by C.R.S. 14-10-114. Its advisory guidelines apply to marriages of at least three years with combined annual adjusted gross income of $240,000 or less, and they do not create a presumptive amount or term; see our guide to alimony in Colorado. For military retirees, maintenance income includes retirement benefits actually received "that have not previously been divided as property," so retired pay already split in the property division is not counted again under that item.
Child Support and Military Allowances
Colorado calculates child support under C.R.S. 14-10-115 using both parents' incomes. Gross income covers income from any source, lists items such as salaries, wages and pensions, and includes in-kind payments received in the course of employment if they are significant and reduce personal living expenses. It does not name the Basic Allowance for Housing, the Basic Allowance for Subsistence or other military allowances, so address how they fit the definition directly when the worksheet is prepared.
For more on the guidelines, see our overview of child support in Colorado or our Colorado Springs child support lawyer page. If a court grants caretaking authority during a deployment, it may also enter an interim child support order (C.R.S. 14-13.7-310).
PARENTING TIME AND DEPLOYMENT
Colorado calls what most people know as custody the allocation of parental responsibilities: decision-making responsibility and parenting time, decided by the best interests of the child under C.R.S. 14-10-124. Deployment rules are in Colorado's Uniform Deployed Parents Custody and Visitation Act, C.R.S. Title 14, Article 13.7, added in 2013 when the older military provision at C.R.S. 14-10-131.3 was repealed.
- Deployment alone is not decisive. Past or possible future deployment may not be the sole basis for deciding the child's best interests (C.R.S. 14-13.7-107).
- What counts as deployment. A movement or mobilization of more than 90 days but less than 18 months under orders that do not permit family members to come along (C.R.S. 14-13.7-102).
- Notice and a plan. Where custody has already been determined, a deploying parent must notify the other parent in a record (in writing) no later than 12 calendar days after receiving deployment orders, or as soon as reasonably possible if the circumstances of service prevent it, and each parent must provide a plan for their share of custodial responsibility during the deployment (C.R.S. 14-13.7-105).
- Interim orders only. Once a parent receives notice of deployment, a court may issue an interim order in the child's best interests, but not a permanent order without the deploying parent's consent (C.R.S. 14-13.7-302).
- Caretaking by a relative. On the deploying parent's motion, the court may grant caretaking authority to an adult family member or another adult close to the child, generally limited to the deploying parent's time unless the other parent agrees (C.R.S. 14-13.7-306).
- Return home. Absent a filed agreement, an interim court order ends 35 days after the deploying parent gives notice of return (C.R.S. 14-13.7-404).
Change of station orders do not by themselves change a parenting plan, and Colorado's relocation rules still apply; see our guide on child relocation cases in Colorado and our Colorado Springs child custody lawyers page. To change an existing order after a move or a return, see post-decree modifications.
A CHECKLIST BEFORE YOU FILE OR RESPOND
Bring these to a first meeting with a lawyer:
- The date of marriage and the member's service dates, including any breaks.
- Recent Leave and Earnings Statements and Thrift Savings Plan statements.
- Any Survivor Benefit Plan election and any VA disability rating.
- Deployment or change of station orders, and where the children have lived for the last 182 days.
- Evidence of each spouse's domicile, such as voter registration and driver's license.
FREQUENTLY ASKED QUESTIONS
Can I File for Divorce in Colorado if I Am Only Stationed Here?
Possibly. Colorado requires that one spouse be domiciled here for 91 days before filing, and being stationed here is not the same as being domiciled here. If your spouse is domiciled in Colorado, that can support the divorce, but dividing retired pay has a separate federal jurisdiction test.
Does the 10/10 Rule Decide Whether I Get Part of the Military Pension?
No. The 10/10 rule only decides whether DFAS pays a former spouse's property share directly. A Colorado court can award a share of disposable retired pay after a shorter marriage, and the former spouse then collects it from the member.
Can a Divorce Go Forward While My Spouse Is Deployed?
It can be filed, but it may be paused. The Servicemembers Civil Relief Act lets the member request a stay of at least 90 days with the required letters, and it bars a default judgment against an absent member until the court appoints an attorney for them.
Can VA Disability Compensation Be Divided in a Colorado Divorce?
No. Retired pay waived to receive VA compensation is excluded from disposable retired pay, and under Howell v. Howell a court cannot order the veteran to make up the former spouse's loss. A court may still consider the reduction when it addresses spousal support.
TALKING WITH A COLORADO SPRINGS MILITARY DIVORCE ATTORNEY
Some federal rules in a military divorce are hard to fix after the decree, such as the one-year Survivor Benefit Plan deadlines. A conversation before you file, or soon after you are served, can help identify which of them apply to your family.
Moran, Allen & Associates Family Law Attorneys represents service members and military spouses in El Paso and Teller counties. Call (719) 447-0762 in Colorado Springs or (719) 686-7554 in our Woodland Park office, or schedule a free consultation.
This article is general information about Colorado law as of October 2026 and is not legal advice. Laws change, and the answer depends on your dates of service, marriage and residence, so speak with a licensed Colorado attorney about your situation.
SOURCES
- C.R.S. 14-10-106, Dissolution of Marriage and Legal Separation
- C.R.S. 14-10-113, Disposition of Property
- C.R.S. 14-10-114, Spousal Maintenance
- C.R.S. 14-10-115, Child Support Guidelines
- C.R.S. 14-10-124, Best Interests of the Child
- C.R.S. 14-10-131.3 (Repealed 2013)
- C.R.S. 14-13-102, UCCJEA Definitions (Home State)
- C.R.S. 14-13-201, Initial Child-Custody Jurisdiction
- C.R.S. Title 14, Article 13.7, Uniform Deployed Parents Custody and Visitation Act
- C.R.S. 14-13.7-102, Definitions
- C.R.S. 14-13.7-105, Notification Required of Deploying Parent
- C.R.S. 14-13.7-107, Consideration of a Parent's Military Service
- C.R.S. 14-13.7-302, Interim Custody Order
- C.R.S. 14-13.7-306, Caretaking Authority for a Nonparent
- C.R.S. 14-13.7-310, Order for Child Support
- C.R.S. 14-13.7-404, Termination of Interim Order
- 10 U.S.C. 1408, Uniformed Services Former Spouses' Protection Act
- 10 U.S.C. 1072, Definitions (Former Spouse TRICARE Eligibility)
- 10 U.S.C. 1062, Commissary and Exchange Privileges for Certain Former Spouses
- 10 U.S.C. 1448, Survivor Benefit Plan Elections
- 10 U.S.C. 1450, Survivor Benefit Plan Beneficiaries and Deemed Elections
- 50 U.S.C. 3931, SCRA Protection Against Default Judgments
- 50 U.S.C. 3932, SCRA Stay of Proceedings
- 5 U.S.C. 8435, Thrift Savings Plan Protections for Spouses and Former Spouses
- 5 U.S.C. 8440e, Thrift Savings Plan for Members of the Uniformed Services
- Colorado Judicial Branch, JDF 1012 Summons for Divorce or Legal Separation
- Colorado General Assembly, SB26-085, Military Protection Orders (effective August 12, 2026)
- In re Parental Responsibilities Concerning M.E.R-L., 2020 COA 173 (Colo. App. Dec. 17, 2020)