Monument Military Divorce Attorney: Protecting Those Who Serve at the North Gate
For military families in the Tri-Lakes area, a divorce is never “standard.” The intersection of Colorado state law and complex federal statutes requires a legal strategist who understands the specific language of the military—from LES and BAH to USFSPA and the Frozen Benefit Rule.
At Perrino Law Firm, we recognize that Monument is a preferred community for the leadership at the Air Force Academy, Schriever, and Peterson Space Force Bases. Whether you are an active-duty member stationed at the North Gate or a spouse managing a household in Woodmoor during a deployment, Dominic Perrino provides the sophisticated advocacy required to navigate the unique rigors of a military dissolution.
The Complexity of the Military Estate: Beyond Equitable Distribution
While Colorado is an “equitable distribution” state, military divorces involve federal assets that are governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA). Navigating these requires more than just a family lawyer; it requires a practitioner who understands the nuances of federal preemption.
1. The “Frozen Benefit Rule” (NDAA 2017)
One of the most significant changes in military divorce law occurred with the National Defense Authorization Act of 2017. For active-duty members, the “High-3” retirement benefit is now “frozen” at the time of the divorce decree, rather than at the time of retirement.
Our Expertise: We ensure that the Qualified Domestic Relations Order (QDRO) or pension division order is drafted with surgical precision to protect your future earnings or ensure the non-military spouse receives their fair, statutory share.
2. The 10/10 Rule vs. The Right to Division
A common misconception in the Tri-Lakes community is that a marriage must last 10 years for a spouse to receive a portion of the retirement.
The Reality: The “10/10 Rule” only determines how the spouse is paid (directly from DFAS vs. from the service member). The retirement is a marital asset subject to division regardless of the length of the marriage. We help you navigate these payment logistics to ensure compliance and peace of mind.
3. SBP: The “Hidden” Marital Asset
The Survivor Benefit Plan (SBP) is frequently overlooked by generalist attorneys. If the SBP is not addressed specifically in the final decree, the former spouse may lose all survivorship rights. We meticulously negotiate SBP premiums and designations to ensure that the financial security of the family remains intact post-divorce.
Deployment, Parenting, and the UDPCVA
For Monument families, the mission often comes first. This can make traditional Colorado parenting plans impossible. We utilize the Uniform Deployed Parents Custody and Visitation Act (UDPCVA) to protect parental rights during PCS moves and deployments.
- Delegated Visitation: We can advocate for provisions that allow a deployed parent to “delegate” their visitation time to a family member (such as a grandparent), maintaining the child’s bond with the military side of the family.
- Temporary Orders: We ensure that any custody changes made during a deployment are strictly temporary, preventing a deployment from being used as a basis for a permanent change in “Best Interests” standing.
Critical Federal Protections: The SCRA
The Servicemembers Civil Relief Act (SCRA) is your shield against “default judgments.” If you are stationed at the Academy or deployed overseas and cannot attend court proceedings in downtown Colorado Springs, we invoke the SCRA to:
- Stay (postpone) court proceedings for at least 90 days.
- Ensure that no final orders are entered while you are unable to defend your interests due to military service.
TRICARE and the 20/20/20 Rule
In the affluent neighborhoods of Kings Deer and Bent Tree, long-term military marriages are common. Transitioning away from military life involves the loss of more than just a paycheck; it involves the loss of healthcare. We provide expert guidance on:
- 20/20/20 Rule: Spouses married for 20 years, during which the member served 20 years, may retain full TRICARE benefits.
- 20/20/15 Rule: Providing a transitional year of coverage for those who fall just short of the 20-year mark.
- CHCBP: Navigating the “Cobra-like” healthcare bridge for spouses who do not meet the 20-year criteria.
Why Dominic Perrino is the Right Choice for Tri-Lakes Military Families
Dominic Perrino doesn’t just “handle” military divorces; he understands the culture of the 4th Judicial District and the specific expectations of the military community in Monument.
- Intellectual Honesty: We provide a realistic assessment of how a judge in El Paso County will likely divide military retired pay, VA disability offsets (the Howell complication), and CRDP/CRSC.
- Strategic Location: We serve the Monument/Tri-Lakes corridor, providing a convenient home base for clients who want to avoid the unnecessary “city” traffic of the Springs while receiving elite-level representation.
- VA Disability Nuances: We are experts in handling the complexities of VA disability ratings and how they impact “indemnification” clauses in a divorce—a high-stakes area of law that most lawyers miss.
The mission continues, but your life is changing. Secure the advocate who understands the stakes of a military career.
SBP and Post-Divorce Financial Security
The Survivor Benefit Plan (SBP) is a crucial component of financial security. To ensure the former spouse continues to receive their portion of the retirement pay should the service member die first, the court must specifically order SBP coverage. This order must be correctly drafted and filed with DFAS within one year of the decree.
The Best Interests of the Child (BIOC) and Non-Discrimination
All APR decisions in Colorado are based solely on the Best Interests of the Child standard. Military service, by itself, is legally prohibited from being used as a negative factor to penalize a service member parent.
The Servicemembers Civil Relief Act (SCRA) Protections
The federal Servicemembers Civil Relief Act (SCRA) is the service member's primary defense in court:
- Stay of Proceedings: The SCRA allows an active-duty member to request a stay (temporary delay) of court proceedings, including custody hearings in Douglas County, if their military duty materially affects their ability to appear.
- Deployment Cannot Penalize: Colorado courts are specifically prohibited from using a parent's upcoming or current deployment as a negative factor in making a permanent APR decision.
Planning for Deployment: Temporary Orders
A well-drafted military parenting plan must include a clear contingency for deployment. Courts may issue temporary orders during the deployment—such as granting sole decision-making to the non-deployed parent or allowing a family member to exercise the deployed parent's parenting time. Crucially, upon the service member's return, the temporary orders terminate, and the original parenting plan is typically reinstated, preventing the temporary absence from forming the basis of a permanent APR change.
Contact a Monument Military Divorce Attorney
Don’t let a generalist attorney handle your military future. Contact Perrino Law Firm today at 719-400-1122 to schedule a strategy session. Let us protect your rank, your retirement, and your relationship with your children.
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