Family Law for Marines

Start Here If You Are New to Family Law for Marines

Family law issues hit Marines harder than civilians because of deployment, PCS moves across state lines, and the unique military framework around retirement and benefits. The Marine Corps provides free legal advice through Personal Services Attorneys (PSAs) but PSAs cannot represent you in civilian court. Marines hire a civilian attorney for actual representation in divorce, custody hearings, and other civil proceedings. Critical Marine-specific topics include the Uniformed Services Former Spouses' Protection Act (USFSPA) governing division of military retirement. Family support requirements per MCO 1740.13MCO 1740.13. DFAS garnishment for child support and alimony. Family Care Plans for single parents and dual-military couples. Military Spouses Residency Relief Act (MSRRA) protections. SCRA stays of civil proceedings during military service. Per MCO 5800.16 Vol 5MCO 5800.16 Vol 5 and MCO 1740.13MCO 1740.13.

This page walks you through family law from your seat as a General Marine. By the end you will know.

• The role of the Personal Services Attorney vs civilian attorney
• Divorce in the military context and jurisdictional issues
• USFSPA division of military retirement
• Child support and alimony garnishment via DFAS
• Family support requirements per MCO 1740.13MCO 1740.13
• Custody and visitation across PCS moves
• Family Care Plan requirements
• MSRRA spousal residency protections
• SCRA stays of civil proceedings (cross-reference)

Every fact on this page comes from MCO 5800.16 Vol 5MCO 5800.16 Vol 5, MCO 1740.13MCO 1740.13, USFSPA (10 U.S.C. 140810 U.S.C. 1408), MSRRA (50 U.S.C. 400150 U.S.C. 4001), SCRA (50 U.S.C. Chapter 50), the Marine Corps Family Care Plan Order, and DFAS garnishment guidance.

The Role of the Personal Services Attorney

JAG Personal Services Attorneys provide.

• Free legal advice on family law matters.
• Will and POA preparation.
• SCRA invocations.
• Counseling on options for divorce, custody, and support.
• Referrals to civilian attorneys.

JAG Personal Services Attorneys do NOT.

• Represent you in civilian court.
• File divorce or custody petitions on your behalf.
• Negotiate settlements with the opposing party.

For actual representation in civilian court, hire a civilian attorney. The PSA can refer you to lawyer referral services (state bar, MOAA, etc.).

Divorce in the Military Context

Jurisdiction Issues

Divorce is governed by state law. The state with jurisdiction typically requires.

• The Marine or spouse to be a resident or domiciliary of the state.
• A minimum residency period (typically 6 months to 1 year, varies by state).
• The cause of action (divorce grounds) must align with state law.

Choice of State

For Marines, the choice of state often involves.

• The Marine's State of Legal Residence (SLR) for tax purposes.
• The state where the Marine and spouse lived together longest.
• The state of the marital home.
• Sometimes the state where one spouse currently resides.

The PSA can advise on jurisdictional considerations.

SCRA Stay of Divorce Proceedings

Per SCRA (50 U.S.C. 393250 U.S.C. 3932), an active duty Marine can request a stay of divorce proceedings if military duties materially affect the ability to participate. The Servicemembers Civil Relief Act (SCRA) leaf covers stays in detail.

Default Judgment Protection

Per SCRA (50 U.S.C. 393150 U.S.C. 3931), a divorce default judgment cannot typically be entered against a Marine on active duty without specific procedural steps. The SCRA leaf covers default judgment protections.

Common Issues in Military Divorce

• Division of property (including military retirement).
• Child custody and visitation.
• Child support.
• Spousal support (alimony).
• Health benefits (TRICARE for spouse and children).
• Survivor Benefit Plan (SBP) elections.

USFSPA and Division of Military Retirement

What USFSPA Is

The Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U.S.C. 140810 U.S.C. 1408, allows state courts to treat military disposable retired pay as marital property in divorce proceedings.

What USFSPA Authorizes

• A state court can divide military disposable retired pay as marital property.
• DFAS can pay the former spouse directly when the marriage met certain criteria (10/10 rule).

The 10/10 Rule

For DFAS to pay the former spouse directly, the marriage must have lasted at least 10 years AND overlapped at least 10 years of creditable military service.

• If 10/10 is met, DFAS pays the former spouse directly per the court order.
• If 10/10 is not met, the former spouse must collect the share from the Marine.

Maximum Award

The state court can award up to 50 percent of military disposable retired pay to the former spouse.

Survivor Benefit Plan (SBP)

A divorce decree may require the Marine to elect SBP coverage for the former spouse. This requires affirmative election within specific time limits. The PSA can advise.

Healthcare for Former Spouse (20/20/20 Rule)

If the marriage lasted at least 20 years, the Marine had at least 20 years of creditable service, AND the marriage overlapped at least 20 years of service, the former spouse retains TRICARE and other military benefits.

If 20/20/15 is met (15 years of overlap), the former spouse retains transitional TRICARE benefits for 1 year.

Child Support and Alimony

Family Support Requirements (MCO 1740.13)

Per MCO 1740.13MCO 1740.13, Marines have specific family support obligations during marriage and after separation/divorce.

Without a Court Order

In the absence of a court order, MCO 1740.13MCO 1740.13 establishes minimum family support amounts based on Marine's basic pay, BAH, and the number of dependents.

With a Court Order

When a court order or written agreement exists, the court order governs. The Marine must comply.

Failure to Provide Support

Failure to provide adequate family support can result in.

• Adverse administrative action.
• Possible UCMJ action under Article 134 (general article) for dereliction of duty.
• Adverse FITREP entries.

DFAS Garnishment

How Garnishment Works

A court order for child support or alimony can be served on DFAS. DFAS will garnish the Marine's pay per the order and remit directly to the recipient.

Allotments vs Garnishment

• Allotments are voluntary deductions established by the Marine.
• Garnishments are involuntary deductions established by court order.

The Allotments page covers the broader pay deduction framework.

Maximum Garnishment

Federal law (Consumer Credit Protection Act) limits garnishments to.

• 50 percent of disposable pay if the Marine supports another spouse or child.
• 60 percent of disposable pay if the Marine does NOT support another spouse or child.
• An additional 5 percent if the support is more than 12 weeks in arrears.

How DFAS Processes Garnishments

The DFAS Garnishment Operations office processes court orders. Coordinate through the unit S-1 if you have questions about DFAS garnishment.

Custody and Visitation Across PCS Moves

The PCS Challenge

When the Marine is the custodial or non-custodial parent and PCS moves to a new state, custody arrangements often need modification.

Existing Custody Order Governs

The existing custody order remains in effect unless modified by the court that issued it (or a court with subsequent jurisdiction).

Modification of Custody

Modification typically requires.

• Court approval.
• Demonstration of substantial change in circumstances.
• Consideration of the best interest of the child.

Servicemember Civilian Custody Issues

Some states have enacted laws specifically addressing servicemember custody issues during deployment or PCS. The Uniform Deployed Parents Custody and Visitation Act (UDPCVA) has been adopted by many states.

Pre-PCS Coordination

Before any PCS, coordinate with.

• The PSA for legal counsel.
• The civilian attorney for actual modification petitions.
• The other parent for cooperative arrangements where possible.

Family Care Plan

Per the Marine Corps Family Care Plan Order, single parents and dual-military couples must establish a Family Care Plan.

What a Family Care Plan Is

A documented plan for short-term and long-term care of dependents during military operations, training, and contingencies.

Who Must Have a Family Care Plan

• Single parents (one parent in the household with dependents).
• Dual-military couples with dependents.
• Marines whose spouse is unable to care for dependents during deployment.

Family Care Plan Components

• Short-term care provider (for routine training, drills).
• Long-term care provider (for deployment).
• Power of Attorney to the care provider.
• Healthcare coverage information for dependents.
• Financial arrangements.
• Educational coordination.
• Emergency contact procedures.

Family Care Plan Updates

Update at every PCS, every change in family situation, and at command direction.

The Joining a Unit page covers post-PCS Family Care Plan submission.

MSRRA (Military Spouses Residency Relief Act)

The Military Spouses Residency Relief Act (MSRRA) provides residency protections for military spouses.

What MSRRA Protects

• Military spouses can claim the same state of legal residence as the service member, regardless of where they currently live.
• Affects state income tax obligations.
• Affects voting registration.
• Affects in-state tuition determinations.

When MSRRA Applies

The military spouse must.

• Be married to an active duty service member.
• Reside in a state where the service member is stationed.
• Be present in that state SOLELY due to the service member's military orders.

How to Invoke MSRRA

For tax purposes, file the appropriate state tax forms claiming MSRRA. For other purposes (voting, in-state tuition), present documentation as required.

The Federal Tax Withholding page covers tax framework cross-references.

SCRA Cross-References

SCRA protections particularly relevant to family law.

• Stay of divorce or custody proceedings (50 U.S.C. 393250 U.S.C. 3932).
• Default judgment protection in family court (50 U.S.C. 393150 U.S.C. 3931).
• 6 percent interest cap on pre-service obligations (relevant when dividing pre-marital assets).

The Servicemembers Civil Relief Act (SCRA) leaf covers SCRA in detail.

Common Marine Family Law Scenarios

Scenario 1. Pre-Deployment Divorce Filing

The spouse files for divorce while the Marine is deployed.

• Coordinate with PSA immediately.
• Invoke SCRA stay of proceedings.
• Hire civilian attorney for representation upon return.
• Family support obligations continue per MCO 1740.13MCO 1740.13 and any court order.

Scenario 2. Custody Modification After PCS

Marine PCS from California to Virginia. Existing California custody order with non-custodial parent remaining in California.

• Coordinate with civilian attorneys in both states.
• The California court typically retains jurisdiction unless transferred.
• Modification requires court approval.
• Consider UDPCVA protections.

Scenario 3. Joint Custody with Dual-Military Spouse

Both parents are Marines. Both PCS independently.

• Coordinate Family Care Plan to address custody during separations.
• Consider written custody agreements addressing operational needs.
• Coordinate with PSAs and civilian attorneys.

Scenario 4. Failure to Provide Family Support

The Marine and spouse separate without a court order. The Marine reduces or stops support.

• MCO 1740.13MCO 1740.13 establishes minimum support absent court order.
• Spouse can complain through Marine Corps channels (chain of command, IG).
• Marine may face administrative or UCMJ action.
• Coordinate with PSA immediately to comply with MCO 1740.13MCO 1740.13.

Scenario 5. Former Spouse Wants 50 Percent of Retirement

Long-term marriage ending in divorce. Spouse seeks USFSPA division of retirement.

• USFSPA permits state court to award up to 50 percent of disposable retired pay.
• 10/10 rule determines whether DFAS can pay the former spouse directly.
• 20/20/20 rule determines whether former spouse retains TRICARE.
• Coordinate with civilian attorney for divorce decree language.

Common Questions Marines Ask

Can JAG represent me in my divorce?

No. JAG Personal Services Attorneys advise but do not represent in civilian court. Hire a civilian attorney for representation.

What is USFSPA?

The Uniformed Services Former Spouses' Protection Act. Allows state courts to divide military disposable retired pay as marital property. DFAS can pay the former spouse directly if the 10/10 rule is met.

What is the 10/10 rule?

For DFAS to pay the former spouse directly under USFSPA, the marriage must have lasted at least 10 years AND overlapped at least 10 years of creditable military service.

What is the 20/20/20 rule?

For the former spouse to retain TRICARE and other military benefits after divorce, the marriage must have lasted at least 20 years, the Marine must have at least 20 years of creditable service, AND the marriage must have overlapped at least 20 years of service.

How is child support calculated?

Per MCO 1740.13MCO 1740.13 absent a court order, based on basic pay, BAH, and number of dependents. With a court order, the court order governs.

Can DFAS garnish my pay for child support?

Yes. A court order for child support can be served on DFAS. DFAS garnishes per the order and pays directly to the recipient.

What is the maximum garnishment?

Per the Consumer Credit Protection Act. 50 percent if you support another spouse or child. 60 percent if you do not. Plus an additional 5 percent if more than 12 weeks in arrears.

What is the Family Care Plan?

Documented plan for care of dependents during military operations. Required for single parents and dual-military couples. Updated at every PCS.

What is MSRRA?

The Military Spouses Residency Relief Act. Allows military spouses to claim the same state of legal residence as the service member. Affects state taxes, voting, and in-state tuition.

Can I refuse to provide family support if my spouse left me?

No. MCO 1740.13MCO 1740.13 requires support absent a court order. Failure can result in administrative or UCMJ action. Coordinate with PSA immediately.

What happens if the spouse files for divorce while I am deployed?

Coordinate with PSA. Invoke SCRA stay of proceedings. Hire civilian attorney for representation upon return. Continue family support per MCO 1740.13MCO 1740.13 and any orders.

How does SCRA help me in a divorce?

SCRA can stay (delay) divorce or custody proceedings during active duty. SCRA can prevent default judgments. The PSA helps invoke SCRA.

Where to Go for Help

Routing by Issue

• General family law advice. Personal Services Attorney at installation LSSS or OSJA.
• Civilian attorney representation. PSA can refer to civilian lawyer referral services.
• USFSPA and retirement division. PSA for advice; civilian attorney for representation.
• Family Care Plan. Unit S-1 and chain of command.
• Family support questions per MCO 1740.13MCO 1740.13. PSA and unit S-1.
• DFAS garnishment processing. Unit S-1 and DFAS Garnishment Operations.
• SCRA stays. PSA for invocation drafting.
• MSRRA tax questions. PSA and tax preparer.

Where to Go Next on This Site

• Legal Services landing page lists all topics.
• Legal Services Overview and How to Get Help covers PSA access.
• Powers of Attorney and Wills covers POA and will updates after divorce.
• Servicemembers Civil Relief Act (SCRA) covers stays and protections in divorce.
• Article 138 and IG Complaints covers complaints if family support is inadequate.
• Sexual Assault Reporting and Special Victims' Counsel covers domestic violence in some cases.
• Joining a Unit covers Family Care Plan submission.
• BAH (Housing Allowance) covers BAH dependent rate implications.
• Allotments covers the broader pay deduction framework.

Related Roles

• Leaders coach Marines on family support obligations and resources.
• Admin at S-1 supports DFAS garnishment processing and Family Care Plan filing.
• Commanders ensure unit Marines comply with MCO 1740.13MCO 1740.13 family support requirements.

Family law for Marines spans divorce, custody, support, and benefits. Personal Services Attorney advises but does NOT represent in civilian court. Hire a civilian attorney for representation. USFSPA permits state courts to divide military retirement up to 50 percent. 10/10 rule for DFAS direct payment. 20/20/20 rule for former spouse TRICARE retention. MCO 1740.13MCO 1740.13 establishes family support absent court order. DFAS garnishment available for court-ordered support. Family Care Plan required for single parents and dual-military couples. MSRRA protects military spouse residency. SCRA stays civil proceedings during active duty.