Las Vegas Military Divorce Attorney

Common Factors of a Military Divorce

Military divorces involve unique factors that don’t typically arise in civilian divorces. Here are several factors that can complicate the divorce process:

Military Benefits & Pensions

One of the most significant considerations in any military divorce case is the division of military benefits, particularly a service member’s pension. The Uniformed Services Former Spouse Protection Act (USFSPA) allows Nevada state courts to classify military pensions as marital property during divorce settlements. However, direct payment from the military requires specific federal criteria be met, notably the “10/10 rule,” where the couple must have been married for at least ten years and the military member must have at least ten years of qualifying service during the marriage.

If the marriage does not meet these requirements, the civilian spouse may still be awarded a share of the pension, but this must be processed through the Nevada state courts rather than directly from the Department of Defense. Our military divorce attorneys in Las Vegas ensure your divorce decree complies with all relevant regulations and guides you through benefit division to protect your financial interests.

Child Custody & Support

Child custody and child support matters are always a concern in any divorce, but Las Vegas military divorce cases present additional complications due to deployments and frequent relocations. When a service member faces deployment or out-of-state postings, making permanent custody arrangements can be a challenge. Nevada courts always prioritize the child’s best interests, but they also take into account the realities of military life, including the service member’s availability for parenting and visitation.

The Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) grants specific rights and protections to military service members facing divorce when they are deployed or stationed away from home. Under the SCRA, a service member may request a stay or delay in divorce proceedings if their service prevents them from participating or responding. This ensures military personnel are not unfairly penalized due to their duties, as courts may postpone divorce hearings for up to ninety days or longer, with the service member’s consent.

Alimony & Spousal Support

Alimony—or spousal support—can play a major role in military divorce cases. Military spouses in Nevada may qualify for support depending on the duration of the marriage, each spouse’s financial situation, and the non-military spouse’s need for continued support. For military divorces, pensions and other benefits often factor into alimony determinations. Our Las Vegas military divorce lawyers work closely with clients to achieve fair, sustainable arrangements that comply with Clark County and federal law.

Division of Military Retirement & Survivor Benefit Plan

The division of military retirement pay is often a central issue in military divorces, as both Nevada law and federal regulations shape the outcomes. Nevada courts, including those in Las Vegas and Clark County, are empowered to divide military retirement accrued during the marriage under the USFSPA. In addition, the Survivor Benefit Plan (SBP) safeguards continued benefits to a former spouse after the service member’s death, provided the plan election is made correctly and on time.

Our military divorce attorneys in Las Vegas ensure that critical language regarding SBP and retirement distribution is included in your divorce decree, preventing common mistakes that could jeopardize your long-term financial interests. We advise on the SBP application process, work to secure the most favorable outcomes with the Defense Finance and Accounting Service (DFAS), and explain how Nevada courts interpret the USFSPA. Our awareness of local court preferences ensures you get clear advice specific to Las Vegas divorces, helping you move forward with confidence.

Base Housing, Relocation, & Community Considerations in Las Vegas Military Divorce

For military families in Las Vegas, handling on-base housing arrangements is a unique part of the divorce process. Housing at installations such as Nellis Air Force Base is reserved for active-duty military personnel and their dependents, and a divorce often signals a need for significant housing adjustments. Our Las Vegas military divorce attorneys guide service members and spouses through relocation requirements, help plan for new housing needs, and ensure compliance with both military and local guidelines so transitions are as smooth as possible for all involved, especially children.

Relocation is a frequent concern for military parents in Clark County and throughout Nevada, as permanent change of station (PCS) moves can dramatically affect child custody, school arrangements, and eligibility for benefits. Nevada law requires a parent to seek permission or obtain a court order before relocating out of state with a child. Our team at Leavitt Law Firm helps military spouses understand the nuances of relocation and works with both military and civilian authorities to create custody and visitation plans that address future PCS moves and deployments.

Military Divorce FAQs

What are the requirements for a military divorce in Nevada?

To file for a military divorce in Nevada, either spouse must meet the state’s residency requirements. Typically, this means the service member or spouse has lived in Nevada for at least six weeks prior to filing, or the military member is stationed in Nevada under permanent orders. Even if neither spouse claims Nevada as a domicile, stationed personnel can utilize Nevada’s flexible laws to initiate divorce, which is advantageous for many Las Vegas military families. If one party is deployed or stationed overseas, special federal and Nevada rules ensure the proceedings can still move forward while protecting the service member’s rights.

What happens if the military spouse is deployed during the divorce process?

If the military spouse is deployed or stationed abroad at any point during a Nevada divorce, proceedings can still continue, but may be affected by the SCRA. This law protects military personnel from adverse actions while on active duty. Las Vegas courts may pause, or "stay," certain hearings, settlement negotiations, or deadlines to allow the deployed person an opportunity to participate. Courts in Clark County are familiar with these scenarios and can adjust visitation, custody, and logistical arrangements to reflect military realities, including the use of virtual visitation and flexible parenting plans.

How does the military treat health insurance during a divorce?

During a military divorce in Las Vegas, non-military spouses and children may remain eligible for continued military health insurance, such as TRICARE, if specific criteria are met. The “20/20/20 rule” allows a spouse who was married to a service member for 20 years while the member had 20 years of service to retain full benefits. The “20/20/15 rule” provides for a limited coverage period if the marriage lasted at least 15 years during the service time. Our Las Vegas military divorce attorneys clarify which health benefits apply to your case and help ensure necessary provisions are included in your divorce decree for continued protection.

Expert Knowledge of Military Divorce Laws

Military divorces involve complex legal issues, from the division of military pensions to the implications of military service on child custody. To address these challenges, you need a military divorce attorney Las Vegas families can rely on—one who truly understands both Nevada state family law and federal military regulations. At Leavitt Law Firm, our deep experience handling military divorce cases across Clark County positions us to guide you through every nuance and step.

We recognize every military family is unique. Our Las Vegas military divorce lawyers take the time to fully understand your needs, objectives, and the intricate realities of life tied to military service. Whether you seek fair asset division, effective custody agreements, or a reasonable spousal support order, we provide tailored strategies based upon the most current and relevant local and federal legal frameworks.

Because Nevada law works in tandem with federal statutes on topics critical to military divorce, you benefit from our in-depth understanding of how Clark County courts address issues such as division of military retirement, relocation tied to future deployments, and enforcement of federal protections for service members. We have worked with families stationed at Nellis Air Force Base and throughout Las Vegas, adapting our approach to align with the expectations of local judges and the evolving needs of military clients.

Our commitment to military families in Las Vegas extends beyond litigation to education, clarity, and partnership throughout your case. The military divorce attorneys at Leavitt Law Firm keep you updated on legal changes that could impact your future, from new benefit regulations to recent Nevada court rulings. If you have questions about service requirements, benefit eligibility, or what to expect from the Las Vegas family court system, we are here to advise you. We take pride in supporting our clients with thorough legal solutions and caring, responsive service at every stage.

Call (702) 996-6052 or fill out our online contact form today to schedule an initial consultation with a trusted Las Vegas military divorce attorney.