Colorado’s Premier Military Divorce Attorneys
At H&H Attorneys at Law, our team offers unmatched experience in military family law. Our credentials are not just a line on a resume; they represent years of direct, hands-on leadership within the military legal system. Founding partner Ezra Hurwitz served a decade on Active Duty in the Army JAG Corps and continues his service as the Staff Judge Advocate for the Wyoming Army National Guard. Founding partner Jennifer Helland is a recognized authority on military family law in Colorado, having published on the Blended Retirement System and built a reputation for expertly navigating the financial complexities of military divorce and presenting at national conferences on topics related to military divorces.
A military divorce is not merely a civilian divorce with a different label. It is a distinct legal process governed by a complex intersection of Colorado state law and unique federal statutes. Our attorneys provide the strategic counsel necessary to protect your rights, your career, and your financial future through every stage of the dissolution.
Navigating the Key Issues in a Colorado Military Divorce
An experienced Colorado military divorce lawyer does more than file paperwork; they command a sophisticated understanding of the federal laws that can profoundly impact your case. Our firm provides expert guidance on these critical areas:
Jurisdiction: Where to File
The first critical question is where to file for divorce. For military families, who often move, the answer can be complex. A Colorado court must have jurisdiction. We can file in Colorado if:
- The non-military spouse resides in Colorado.
- The servicemember is stationed in Colorado.
- The servicemember consents to Colorado’s jurisdiction, even if stationed elsewhere.
We will analyze your specific situation to determine the proper and most advantageous venue for your case and if necessary work with our network of out of state attorneys to find the best solution for your family.
Servicemembers Civil Relief Act (SCRA)
The SCRA provides vital protections for active-duty servicemembers. Its most significant impact on divorce is the ability to request a “stay,” or temporary halt, of legal proceedings. This is designed to prevent a default judgment against a servicemember whose duties preclude them from participating in their defense. It is crucial to understand that the SCRA provides a delay, not a dismissal. We advise both servicemembers on how to properly invoke this protection and spouses on how to navigate the process when a stay is requested. We also serve as Court Appointed SCRA attorneys for the 4thJudicial District in Colorado.
Division of Military Retired Pay (USFSPA)
The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal law that authorizes state courts to treat disposable military retired pay as a marital asset.
- Disposable Retired Pay: This is the gross retired pay less specific deductions, such as amounts waived to receive VA disability pay.
- The “10/10 Rule” Misconception: A common myth is that a former spouse is only entitled to a share of retirement if the marriage lasted 10 years during the member’s active duty. This is incorrect. The “10/10 Rule” only governs whether the Defense Finance and Accounting Service (DFAS) will make direct payments to the former spouse. A Colorado court can award a share of the pension regardless of the length of the marriage.
Our team, including a published expert on the Blended Retirement System (BRS), is adept at calculating the marital share of both High-3 and BRS pensions to ensure an equitable division.
VA Disability Pay & Its Impact on Retirement Division
This is one of the most complex and contentious issues in military divorce.
- Not a Marital Asset: Federal law explicitly prohibits state courts from dividing VA disability pay.
- The “VA Waiver”: A military retiree may waive a portion of their taxable military retired pay to receive an equivalent amount of non-taxable VA disability benefits. While this provides a tax benefit to the retiree, it reduces the “disposable retired pay” pension pot available for division, thereby reducing the funds the former spouse receives.
A skillfully drafted separation agreement is essential to protect the former spouse. We can structure agreements that require the military member to indemnify the former spouse, ensuring they are reimbursed for any reduction in their share of the pension caused by a post-divorce VA waiver.
Survivor Benefit Plan (SBP)
Military retirement pay stops upon the death of the servicemember. The Survivor Benefit Plan (SBP) is a vital benefit that functions as an insurance policy, allowing a former spouse to continue receiving a portion of the retirement pay after the member’s death. Securing SBP coverage is a critical, time-sensitive, and often overlooked component of a military divorce. It must be properly elected and documented, or the benefit is lost forever.
Dividing the Thrift Savings Plan (TSP)
The TSP is the military’s equivalent of a 401(k) plan. All contributions made during the marriage are marital property subject to division. Dividing a TSP requires a specific and detailed court order called a Retirement Benefits Court Order (RBCO). We have extensive experience drafting these highly technical orders to ensure they are accepted by the TSP administrators and that your share is properly transferred.
TRICARE and Post-Divorce Healthcare
For many military spouses, continued healthcare coverage is a primary concern. Eligibility for post-divorce TRICARE is governed by strict federal rules:
- The 20/20/20 Rule: If the marriage lasted at least 20 years, the servicemember served at least 20 years, and there was at least a 20-year overlap between the marriage and the service, the former spouse remains eligible for TRICARE and other base privileges (commissary, exchange) as if they were still married.
- The 20/20/15 Rule: If the overlap between the marriage and service was at least 15 years (but less than 20), the former spouse is eligible for one year of transitional TRICARE coverage.
- CHCBP: Spouses who do not meet these requirements may be eligible to purchase temporary continuation coverage through the Continued Health Care Benefit Program (CHCBP).
Child Support, Spousal Maintenance, and Military Allowances
Colorado courts determine support based on the gross income of both parties. For military members, this includes more than just base pay. It encompasses non-taxable income like Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). Accurately calculating income is essential for a fair support order. We ensure that a servicemember’s complete compensation is correctly presented to the court.
Parenting Time and Military Relocation
For military parents, creating a durable Allocation of Parental Responsibilities requires anticipating future Permanent Change of Station (PCS) moves. We draft detailed, flexible parenting plans that address:
- Long-distance parenting schedules and virtual visitation.
- Clear protocols for communication across time zones.
- Procedures for modifying the plan upon relocation.
- Allocation of travel costs for parenting time.
Further, international conflict is a reality in our modern world. Our attorneys are familiar with the Uniformed Deployed Parents Act (C.R.S. §§ 14-13.7-101, et seq), a specific law in Colorado designed to protect the parenting rights of servicemembers during deployment. The UDPCVA protects members from the court issuing a permanent order modifying parental responsibilities simply because a parent is deployed. The Act provides a framework for temporary orders to manage custody during deployment which expire upon a servicemember’s return. Critically, it also allows a deploying parent to delegate their parenting time to a person with a close and substantial relationship with a child, such as a stepparent or grandparent to maintain familial ties. We use this Act to safeguard our client’s parental rights and to ensure stability for their children during and after deployment..
Protect Your Future with H&H Attorneys at Law
Your military service or your life as a military spouse involved sacrifice and commitment. You deserve legal representation that honors that commitment. The attorneys at H&H Law have the credentials, experience, and strategic insight to protect what you have earned and help you secure a stable foundation for your new beginning.
Contact our office today 719-626-4661 or contact us online to schedule a confidential consultation with a Colorado military divorce attorney here at H&H Attorneys at Law.
