Military Divorce in Washington and Oregon
Supporting Service Members and Families Through Divorce
Reviewed on 2/24/26 by Mark Arend, J.D., Partner.
Military divorce in Washington and Oregon presents unique challenges that go beyond the scope of civilian divorce. Service members and their spouses often face questions about jurisdiction, military retirement benefits, custody during deployment, and how state and federal laws interact. These issues require experienced legal guidance to ensure that rights are protected and families are supported.
Key Issues in Military Divorce
Military divorces often involve:
- Jurisdiction and filing: Determining where to file based on residency, duty station, or where the spouse lives
- Deployment and delays: Federal law may allow service members to delay divorce proceedings while on active duty
- Military retirement pay: Divisible under state law, subject to the federal 10/10 rule for direct payment to a former spouse
- Health care and benefits: Determining eligibility for continued coverage through TRICARE or other military benefits
- Child custody during deployment: Washington and Oregon laws allow service members to delegate parenting time during deployment and protect their rights when they return
Because these cases involve both state and federal laws, as well as military-specific protections, they require attorneys with experience in both family and military law.
How We Help Military Families
McKinley Irvin attorneys have represented service members and military spouses from all branches. We assist with:
- Determining jurisdiction and where to file
- Dividing military pensions and retirement pay and protecting those income sources from unexpected reduction
- Protecting custody rights during and after deployment
- Advising on spousal support, property division, and health care coverage
- Negotiating settlements that address the unique realities of military life
Frequently Asked Questions
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Where can military members/spouses file for divorce?You may be able to file where the service member is stationed, where the service member or spouse claims residency, sometimes known as the “home of record,” or where the service member’s spouse resides. Each option has different legal implications.
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Can a divorce be delayed if one spouse is deployed?Yes. Federal law protects service members from default judgments and allows them to request a delay during active duty service.
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How is military retirement divided?Retirement pay is divisible property. Under the 10/10 rule, the federal government may send payments directly to a former spouse if the marriage overlapped at least ten years with ten years of military service.
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What happens to custody if a parent is deployed?Deployment cannot be used against a parent in custody decisions. Parents can temporarily delegate parenting time to another family member, and rights are protected when the service member returns.
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Do former spouses keep military health benefits after divorce?Eligibility depends on the length of the marriage and the service. Some former spouses may qualify under the 20/20/20 or 20/20/15 rules.
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Do I need a “military divorce” attorney?Yes. Military divorce involves laws and benefits unique to service members. An attorney experienced in military divorce ensures your rights and benefits are properly addressed.
Talk with a McKinley Irvin Military Divorce Attorney
Military divorce in Washington and Oregon can be complicated by jurisdiction, benefits, and custody issues unique to service members. McKinley Irvin attorneys provide the knowledge and experience needed to guide families through this process with clarity and care.
Contact us online or call (888) 337-0258 to schedule a consultation with a military divorce attorney.
