Military Divorce and Family Law in Colorado Springs

Jurisdiction: The Critical First Step for Military Divorce in Colorado

The first, and often most complex, hurdle in a Colorado Springs military divorce is establishing which state’s court has the authority, or jurisdiction, to hear the case.

Subject-Matter Jurisdiction (To Get the Divorce)

Personal Jurisdiction (To Divide Military Retirement)

A Colorado court can grant a divorce even if the service member lives in another state, but it needs a separate basis for personal jurisdiction over the service member to divide their military retirement pay. This is established if the service member:

• Consents to Colorado jurisdiction.
• Lives in Colorado (has domicile).
• Was served the divorce summons while physically in Colorado.

A dedicated military divorce attorney in Colorado Springs is vital to ensure proper jurisdiction is established at the outset, preventing a later challenge that could invalidate the division of assets like the military pension.

Division of Military Retirement: The USFSPA and Colorado Law

The division of military retirement is typically the largest financial issue in a Colorado Springs military divorce. This is governed by a combination of federal and state law.

The Uniformed Services Former Spouses’ Protection Act (USFSPA)

The USFSPA is a federal law that gives state courts the authority to treat a service member’s disposable retired pay as marital property, subject to division upon divorce.

The 10/10 Rule

A common misconception is that the former spouse needs to meet the “10/10 rule” to receive a share of the retirement. This is incorrect.

• What the 10/10 Rule is NOT: It is not a rule for determining eligibility for a share of the pension. A Colorado court can award a former spouse a percentage of the military retirement regardless of the length of the marriage
• What the 10/10 Rule IS: The rule dictates only the method of payment. The former spouse must meet the following criteria to receive direct payment from the Defense Finance and Accounting Service (DFAS):
1. The marriage lasted for at least 10 years.
2. The service member performed at least 10 years of creditable military service during the marriage (overlap).

If the 10/10 rule is not met, the service member must pay the former spouse their share of the retirement directly, adding complexity to enforcement

Colorado’s Equitable Distribution and the Division Formula

Colorado is an equitable distribution state, meaning marital property (assets acquired from the date of marriage to the date of divorce) must be divided fairly, which often, but not always, means equally (50/50). Military retirement is considered a marital asset in Colorado.

• Frozen Benefit Rule (Post-2016): For divorces where the service member is still on active duty (not yet retired), federal law (2017 National Defense Authorization Act) requires the use of the “frozen benefit rule.” This rule calculates the marital share of the retirement based on the pay grade and years of service at the time of the divorce The former spouse’s percentage is “frozen” at that date and does not increase due to the service member’s post-divorce promotions or longevity
• Hunt/Gallo Formula (Pre-2016 or Retired Member): If the member was already retired at the time of the divorce, Colorado’s formula (known as the Hunt/Gallo formula) is generally used to calculate the marital portion, which may allow the former spouse to share in post-decree increases

The calculation for the marital portion generally uses a coverture fraction:

(Months of Marriage Overlapping Service) / (Total Months of Military Service at Retirement) x Disposable Retired Pay

A seasoned military divorce attorney in Colorado Springs must apply the correct formula and jurisdiction-specific precedent to ensure the equitable division of this significant asset.

Survivor Benefit Plan (SBP)

To ensure the former spouse continues to receive their share of the retirement benefit if the service member dies, the non-military spouse must be awarded a portion of the Survivor Benefit Plan (SBP). The court must specifically order this coverage, and the order must be filed with DFAS within one year of the divorce decree.

Child Custody and Parental Rights: The Impact of Deployment

Given the nature of military life in Colorado Springs, child custody—or Allocation of Parental Responsibilities (APR) in Colorado—must account for the unique challenges of military service, including deployment and frequent Permanent Changes of Station (PCS).