When a military couple decides to end their marriage in the Equality State, they face a unique mix of local Wyoming divorce law and federal protections. A military divorce is not a standard legal case. It involves specific rules that protect service members from unfair adjudication while they are on duty and ensure that their benefits are distributed equitably. Whether you are stationed at F.E. Warren Air Force Base or serving in the Wyoming National Guard, knowing these rules helps you prepare for the road ahead.
In Wyoming, the district courts handle these cases, but they must comply with federal statutes and regulations, including the USFSPA and the SCRA.
Does Military Service Affect Divorce Proceedings in Wyoming?
Yes, military service affects the timeline for divorce in Wyoming. The principal factor is a federal law known as the Servicemembers Civil Relief Act (SCRA). This law exists to make sure service members can focus on their mission without worrying about legal battles back home.
How does the SCRA protect a service member?
If a service member is on active duty, they might not be able to attend a hearing or respond to legal papers. The SCRA permits them to request a "stay." This is a legal pause in the divorce process.
- The Initial Stay: A judge is required to put the case on hold for at least 90 days if the service member provides a letter from their commanding officer stating that their duties prevent them from appearing in court.
- Extensions: If the deployment or training lasts longer, the service member can ask for more time. Unlike the first 90 days, any extra time is up to the judge's discretion.
What are the residency requirements for military families?
Normally, you must live in Wyoming for at least 60 days before filing for divorce. However, Wyoming law is flexible for military families who move frequently. You can file in a Wyoming circuit court if at least one spouse has been a resident for 60 days, or if the service member is currently stationed at a military installation within the state.
How is Military Retirement Handled in a Divorce?
For many military families, the pension is the most valuable asset they own. In Wyoming, military retirement pay is viewed as marital property. This means it is subject to the state's rules on property division.
What is the USFSPA and the 10/10 Rule?
The Uniformed Services Former Spouses' Protection Act (USFSPA) is the federal law that allows states to divide military pay. While the court can divide the pension in almost any marriage, the "10/10 Rule" decides how the former spouse gets paid.
Direct Payment
If the marriage lasted at least 10 years, and the service member served for at least 10 years during that marriage, the government (DFAS) can send the checks directly to the former spouse.
Private Payment
If the marriage was shorter than 10 years, the court may still award a share of the retirement benefits, but the service member is responsible for writing the check to their former spouse each month.
It is important to note that, since 2017, federal law has applied the "Frozen Benefit Rule." This means the spouse's share is usually based on the service member's rank and years of service at the time of divorce, not at the time of retirement.
Can a Divorce Be Filed While a Service Member is Stationed Elsewhere?
Yes. In Wyoming, the physical location of the service member does not preclude the case from commencing. As long as the spouse filing meets the 60-day residency requirement, they can file the papers in a Wyoming court.
Serving legal papers on base
Serving a copy of the summons to someone on a military base or overseas requires following specific rules. You cannot just leave the papers with a guard at the gate. Often, you must use certified mail with a return receipt or retain a process server with base access. If the service member is in a "hostile fire" zone, the process usually stops until they return to a safer location.
How is Child Support Calculated for Military Families?
When children are involved, Wyoming child support is calculated under a standard formula. The court considers the parents' income to determine a fair monthly amount. However, calculating a service member's income differs from calculating a civilian's income because of the way the military pays.
What counts as income on a military pay stub (LES)?
The child support agency doesn't just look at "base pay." They also count allowances that increase a service member's ability to pay, such as:
- BAH (Basic Allowance for Housing): The value of your housing, even if you live on base for free, is counted as income.
- BAS (Basic Allowance for Subsistence): Food allowances are included in the total gross income .
- Special Pay: Hazardous duty pay, flight pay, or sea pay are all added to the total.
Pay Component | Counted for Support? | Reason |
Base Pay | Yes | It is the primary taxable income. |
BAH / BAS | Yes | These allowances increase your spending power. |
VA Disability | No | Under Wyoming law, federal disability for service-connected injuries is usually protected. |
GI Bill Benefits | No | Money used for education is not typically viewed as income. |
Medical Benefits and the 20/20/20 Rule
One of the biggest worries for a non-military spouse is losing health insurance (TRICARE). Whether you can keep these benefits depends on the "20/20/20 Rule." To qualify for lifetime TRICARE, you must meet three marks:
- You were married for at least 20 years.
- The service member served for at least 20 years.
- The marriage and the service overlapped for at least 20 years.
If you only have 15 years of overlap (the 20/20/15 rule), you can keep TRICARE for just one year after the divorce. If you don't meet these rules, your coverage usually ends the moment the final hearing is over, and the judge signs the decree.
How Do We Handle Child Custody if I Get Deployed?
Wyoming has strong laws to protect the child custody rights of military parents. The state recognizes that serving your country should not cost you your relationship with your kids.
Protections against permanent changes
If you are deployed, the other parent cannot use your absence as a reason to ask for a permanent change in custody. The court can only issue "temporary orders" while you are gone. Once you return, the original custody plan must be put back in place within a set amount of time.
Delegating visitation
In many cases, a deployed parent can "delegate" their visitation time to a close family member, like a grandparent. This helps the child stay connected to the military parent’s side of the family while they are overseas.
Choosing the Right Path Forward
A military divorce requires careful attention to detail. From checking Wyoming divorce records to calculating the exact value of a Thrift Savings Plan (TSP), there are many steps where you need to be precise.
If you are facing a split, start by gathering your LES stubs, your enlistment papers, and any court forms you have already received. Wyoming’s judicial branch is committed to reaching a fair result, but it is up to you to ensure they see the full picture of your military service and family life. By staying organized and using the resources on base, you can protect your benefits and your future.
Frequently Asked Questions (FAQ)
Can I file for divorce in Wyoming if we were married in another state?
Yes. Where you were married does not matter. As long as Wyoming has jurisdiction, meaning the residency or military stationing requirements are met, you can file for divorce in a Wyoming court.
Does Wyoming require fault or proof of wrongdoing for divorce?
No. Wyoming is a no-fault divorce state. You do not need to prove adultery, abandonment, or misconduct. The only required ground is that the marriage is “irretrievably broken.”
Can a Wyoming court divide a Thrift Savings Plan (TSP)?
Yes. A TSP is treated like a civilian 401(k) and is considered marital property to the extent it was earned during the marriage. The court can divide it using a Retirement Benefits Court Order (RBCO).
What happens if a service member refuses to cooperate during deployment?
The court must still respect SCRA protections, but deployment does not give a service member the right to delay the case indefinitely. Judges balance fairness with the need to move the case forward once reasonable stays have been granted.
Can child support or alimony be enforced if the service member is overseas?
Yes. Wyoming support orders can be enforced through military pay garnishment via DFAS, even if the service member is stationed abroad.
Are PCS moves considered in custody decisions?
Yes. Frequent Permanent Change of Station (PCS) moves are considered, but they are not automatically viewed as negative. Courts focus on stability, schooling, and the child’s best interests rather than military service alone.
Does remarriage affect the military retirement division?
No. Once a former spouse is awarded a portion of military retirement under a final divorce decree, remarriage does not terminate that entitlement. However, remarriage can affect alimony and TRICARE eligibility.
Can Wyoming courts issue orders that conflict with military regulations?
No. State courts must comply with federal military laws and regulations. If a court order conflicts with federal rules, the military will follow federal law.
What if my spouse is in the Guard or Reserves, not on active duty?
The same federal protections apply when the Guard or Reserve member is on qualifying active-duty orders. Retirement division, SCRA stays, and income calculations still apply, though timelines may differ.
Should I notify my command about the divorce?
While not always legally required, notifying your command can be helpful, especially if there are support obligations or pending court actions. Some branches require notification once support orders are entered.