Divorce is never simple, but when one spouse wears the uniform, every decision about spousal support carries another level of complexity.
Colorado Springs is home to thousands of military families: men and women who serve, and the loved ones who keep things running at home. With Fort Carson, Peterson Air Force Base, and other installations nearby, military life is woven into the fabric of the community.
For these families, the rules and benefits tied to military service can play a big part in how divorce and spousal support are handled. Military divorces follow a mix of federal and state laws, and those rules can shape what’s fair for both the service member and the spouse. Things like basic pay, housing allowances, and retirement benefits all factor into what support looks like after a marriage ends.
It’s a lot to take in, especially when emotions are high and the future feels uncertain. However, understanding how these pieces fit together helps both sides find stability and respect in the outcome.
If you’re part of a military family in Colorado Springs or Southern Colorado and facing divorce, you’re not alone. There are clear steps and predictable factors that guide how support is determined.
Let’s walk through what to expect, what matters most, and how military service can influence the process.
Basics of Military Divorce Spousal Support
Military divorce is both similar to and different from divorces involving only civilians. At the core, the goal is to make sure both spouses move forward with financial stability. To do so, the law must address the complex compensation and benefits structure of military service.
Differences Between Military and Civilian Divorce
Unlike typical civilian divorces, military divorces in Colorado must account for federal rules. The Uniformed Services Former Spouse Protection Act (USFSPA) enables state courts to divide military retired pay in divorce, which is not the case for most other jobs.
This federal law works alongside Colorado statutes, which use the same basic process for deciding spousal support but with added steps for military cases.
Role of the Family Law Court
In Colorado Springs, the family law court has a careful job to do. It looks at everything the state requires, but it also keeps in mind the federal rules that protect military families.
The goal is to make sure service members aren’t unfairly affected because of their duty, and that ex-spouses are treated fairly when military pay and benefits are part of the picture.
Importance of a Civilian Attorney
Because military divorce sits at the crossroads of state and federal law, having a civilian attorney who understands both is critical. While some resources exist for military members, family law is governed by state courts, and someone with local experience in Colorado’s rules is best prepared to guide you through the process.
Key Factors Affecting Spousal Support
Spousal support (called “maintenance” in Colorado) aims to make life after divorce more equitable. In military divorce settlements, several key elements come into play, each influencing whether spouse payments will be ordered and in what amount.
Length of Military Service and Marriage
How long the military member has served, and the length of the marriage, are central. If the marriage overlaps with at least ten years of military service, the former spouse may be eligible for direct payment of some retirement benefits from the Defense Finance and Accounting Service (DFAS).
Even if the overlap is shorter, courts still consider the length of the marriage when setting support and property division.
Income of Military Member and Former Spouse
Military salary is not just base pay. It includes housing allowances (BAH), subsistence allowances (BAS), hazardous duty pay, bonuses, and more. All of these can be included when courts calculate the income of the service member.
The earning capacity and actual income of the non-military spouse are also weighed. If one spouse gave up employment or career opportunities due to frequent relocations, that can be considered when deciding on spousal support.
Contributions During the Marriage
A former spouse’s contributions to the family, such as raising children, handling frequent moves, or supporting the military member’s career, matter. Colorado courts look at the role each spouse played, any sacrifices made, and how those choices affected longer-term earning power and financial security.
Military Spousal Support & Benefits
Benefits earned during military service can be among the most valuable assets a family has. These often become a major point of attention during divorce, since both immediate support and future financial stability are affected by how these assets are divided.
Military Pension Rights and Division
A military pension is often one of the most significant financial assets in a divorce. Under federal law, it can be treated as marital property when earned during the marriage. Depending on the length of service and how much of it overlapped with the marriage, the non-military spouse may be entitled to a share of that pension.
Colorado courts consider these details carefully to make sure the division reflects both contribution and sacrifice throughout the marriage.
Military Retired Pay and Disposable Retired Pay
“Disposable retired pay” is the amount left after deductions for disability, child support, and other required items. Only this portion can be divided or used to pay spousal support to the spouse.
The court must calculate both the full value and exclusions correctly to ensure the proper amount is used in the support process.
Division of Retirement Pay
Federal law lets Colorado courts treat military retirement as marital property rather than just income. This means it can be divided between spouses if earned during the marriage.
In Colorado Springs, it’s common for the court to use formulas that account for length of marriage and service to decide what share, if any, should go to the non-military spouse.
Impact of the Survivor Benefit Plan
The Survivor Benefit Plan (SBP) allows a former spouse to keep receiving a portion of the retirement pay after the military member dies. This is not automatic and must be addressed in the divorce decree. The SBP can be critical for the financial security of the former spouse, especially for those who devoted years to supporting family members during military life.
Legal Protections for Military Spouses
Military divorces come with their own set of federal laws built to recognize the sacrifices that service brings and to keep things fair for both spouses when a marriage ends.
Uniformed Services Former Spouse Protection Act
The USFSPA governs how state courts can address military retirement and certain benefits. It sets the rules for dividing retirement and allows for direct payment from DFAS if the marriage and service overlap for certain years. While it grants authority to states, it also puts some limits in place to protect the service member’s interests.
Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) gives active duty military personnel certain protections if divorce or support proceedings begin while they are deployed or otherwise unable to participate. Courts can delay hearings or “stay” the case, ensuring decisions are only made when all parties have a fair chance to be heard.
Spouse Protection Act Implications
Military divorce laws are designed to keep things fair, prevent hardship on either side, and reflect the realities of military life. Knowing how these protections work can save both time and money, and help families move through the process with fewer surprises.
Special Considerations for Active Duty Members
Divorces where one spouse is deployed or on active duty bring additional challenges: timing, communication, and access to legal help must all be managed with care.
Serving Legal Papers to Military Members
If a service member is stationed at Fort Carson or assigned overseas, serving divorce papers can be more involved. Legal service may be completed through a commanding officer or on base, but special steps must be followed to ensure the court’s rules and military regulations are respected.
Delays and Relief for Active Duty
Active duty status gives members certain rights to postpone court dates or delays when deployment or duties prevent them from appearing. Colorado courts recognize these rights, but the process must align with the SCRA and handle the needs of the non-military spouse as well.
Remote Consultations for Deployed Personnel
Many Colorado Springs family law practices now offer secure remote consultations. This ensures deployed service members have the support they need wherever they are, which helps to move the process forward even when in-person meetings are not possible.
Modifying Spousal & Child Support After Divorce
Life changes, especially for military families. When major events occur after the divorce, the existing spousal or child support order may need to be changed to reflect new realities.
Changes in Military Benefits or Status
A major career change, such as retirement from the military, receiving VA disability, or losing special duty pay, can affect both the ability to pay and the need for support. Colorado law allows either party to ask the court for a modification if there’s a substantial and continuing change in circumstances.
Enforcement Across State Lines
Many military families relocate, either within the United States or abroad. Colorado support orders can usually be enforced in other states, but the process may take longer and involve coordination between courts. The Uniform Interstate Family Support Act offers guidance to make sure support payments continue across state lines.
Adapting to New Circumstances
If a former spouse remarries or gains new employment, spousal support may decrease or end. Similarly, if the paying spouse faces hardship, relief may be available. It is always important to keep the court informed about significant changes, so that spouse and child support orders remain fair and workable for both sides.
Get Experienced Guidance for Military Divorce and Spousal Support
Spousal support in a military divorce isn’t one-size-fits-all. It’s shaped by Colorado law, federal protections, and the distinct realities of military life here in Colorado Springs.
The right guidance can make all the difference and help you understand your rights, avoid costly mistakes, and build a plan that respects both your service and your family’s future.
At Rocky Mountain Legal Group, we’ve spent decades helping military families navigate these exact challenges with honesty, respect, and care. Whether you’re stationed at Fort Carson, Peterson Space Force Base, or recently separated from service, our Colorado Springs military divorce attorneys understand what’s at stake: for your finances, children, and peace of mind.
Schedule a consultation today to talk through your situation with a team that knows military divorce inside and out. Let’s work together to find a path forward that’s fair, steady, and built for life after service.