Military Divorce in Memphis, Tennessee

Memphis has a substantial military and veteran community, with Naval Support Activity Mid-South in nearby Millington and service members and veterans throughout Shelby, DeSoto, and Marshall counties. Military divorces follow the same Tennessee and Mississippi state procedures as civilian divorces but add a layer of federal law that affects everything from service of process to pension division.

The Servicemembers Civil Relief Act (SCRA)

Federal law protects active-duty service members from default judgments when military service prevents them from appearing in court. Before proceeding in a military divorce, you must verify the other party’s active-duty status. If your spouse is deployed, the case may be stayed, meaning paused, for the duration of active service and a reasonable period after. This is not optional and not something either party can waive without the service member’s consent.

Military Pension Division

A military pension is a marital asset subject to division in divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how state courts can divide military retired pay. Division requires a specific court order, typically drafted as part of the divorce decree, that directs the Defense Finance and Accounting Service (DFAS) to pay the former spouse’s share directly.

The 10/10 Rule causes confusion among clients. Direct pay from DFAS to the former spouse requires ten years of marriage overlapping ten years of creditable military service. This is a payment logistics rule, not a division rule. Courts can divide the pension regardless of the 10/10 calculation. The rule just affects how the former spouse receives their share.

Survivor Benefit Plan (SBP)

The Survivor Benefit Plan provides a monthly benefit to a surviving former spouse after the service member’s death. Whether SBP coverage is maintained for the former spouse is a negotiating point in military divorces that is frequently overlooked until it is too late. The election deadline is one year from the date of the divorce decree.

VA Disability Compensation

VA disability compensation is not divisible as marital property under federal law. However, when a service member has waived retirement pay in favor of VA disability compensation to avoid taxes, a process called VA offset, the former spouse’s share of the pension can effectively be reduced. This requires careful analysis in any case involving a disabled veteran. See our Property Division page for how military benefits fit into the broader marital estate picture.

William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.