Las Vegas Military Divorce Lawyer for Nellis and Creech AFB Families

What Makes Military Divorce Different

Military divorces involve legal issues that simply don’t arise in civilian cases. Below are the factors that most frequently shape outcomes for service members and military spouses in Clark County.

Military Pension Division in Nevada (USFSPA)

Division of a military pension is often the most consequential financial issue in a military divorce. The USFSPA allows Nevada state courts to classify military retirement pay as marital property subject to division. Whether DFAS pays the former spouse directly depends on the “10/10 rule”: the couple must have been married for at least ten years, with at least ten of those years overlapping qualifying military service. Below that threshold, the court can still divide the pension, but the service member pays the former spouse directly.

Every military divorce finalized after December 23, 2016, is subject to the Frozen Benefit Rule enacted by the National Defense Authorization Act of 2017. When a service member hasn’t yet retired at the time of divorce, the former spouse’s share of the pension is calculated at the service member’s rank and years of creditable service as of the divorce date, not at actual retirement. Subsequent promotions and additional years of service don’t increase the former spouse’s share. This rule has significant financial implications and must be accounted for precisely in the Military Pension Division Order (MPDO) submitted to DFAS. A poorly drafted MPDO will be rejected outright. We work to ensure your decree complies with all relevant USFSPA regulations and that the MPDO is drafted to meet DFAS standards.

VA disability compensation is a separate matter entirely. It can’t be divided as marital property under federal law. If a retiree later waives retired pay to receive VA disability pay, the waived amount isn't divisible (10 U.S.C. 1408(a)(4)(A)(ii)), so the former spouse's share can shrink, and a state court can't order the retiree to make up the difference, unless this is carefully negotiated. This distinction must be understood before any agreement is reached on asset division.

Custody When a Parent Deploys

Child custody and child support present added complications in military divorce cases because of deployments and frequent relocations. Nevada courts apply the best-interests standard, but they also account for the realities of military life, including a service member’s availability for parenting and visitation.

Nevada’s Uniform Deployed Parents Custody and Visitation Act (NRS 125C.0601–0693) provides meaningful protections for deployed parents. A court can't treat a parent's past or possible future deployment, by itself, as deciding the child's best interest (NRS 125C.0647), and it can't issue a permanent custody order during deployment without the deploying parent's consent (NRS 125C.0659). Deployment custody agreements under NRS 125C.0649 let both parents address custody arrangements in writing during deployment, and courts may permit testimony by electronic means under NRS 125C.0663 when a service member can’t appear in person.

Nevada's deployment rules also set out a notice duty and give the deploying parent some options.

Notice. A deploying parent must give the other parent written notice of a pending deployment within 7 days after getting deployment notice, unless reasonably prevented from doing so, and each parent provides a plan for the child during the deployment (NRS 125C.0643).

Time with a relative or close adult. On the deploying parent's request, the court can give some of that parent's time with the child to a relative or another adult close to the child, if it's in the child's best interest (NRS 125C.0667). If the other parent objects, the objection creates a presumption against it. When the deploying parent asks, the court must also allow more limited contact between the child and that relative or adult unless the contact would be contrary to the child's best interest (NRS 125C.0669).

If you've received deployment orders, talk with us early, so the plan for your child is in place before you leave.

SCRA Stays and Default Protection

The SCRA (50 U.S.C. § 3901 et seq.) protects active-duty service members from adverse legal action when military duties prevent them from participating in proceedings. If military duties keep a service member from taking part and the commanding officer confirms it, the court must stay the case for at least 90 days when the service member asks (50 U.S.C. 3932). That includes custody cases. If a service member doesn't respond, the other spouse must file an affidavit about the service member's military status, and if the service member is in the military, the court can't enter a default judgment until it appoints an attorney to represent them (50 U.S.C. 3931(b)).

Clark County courts take SCRA compliance seriously. A service member who had a default judgment entered against them may be able to ask the court to reopen it, but the request must be filed no later than 90 days after the service member leaves military service (50 U.S.C. 3931(g)(2)). Our military divorce attorneys work to ensure every filing satisfies SCRA requirements from the start, so there are no procedural vulnerabilities in your decree.

Alimony & Spousal Support

Alimony can be a major issue in military divorce. Nevada doesn’t use a fixed formula for spousal support. Clark County courts weigh the length of the marriage, each spouse’s earning capacity, the standard of living during the marriage, and the financial impact of one spouse having supported the other’s military career. Income calculations extend well beyond base pay: Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), flight pay, hazardous-duty pay, and other special pays are all included. Undercounting military income produces incorrect support numbers, and getting those figures right is something we take seriously for every client.

Division of Military Retirement & the Survivor Benefit Plan

Nevada is a community property state. Military retirement earned during the marriage is community property under NRS 123.220, and federal law lets Nevada courts treat military retired pay as property under Nevada law (10 U.S.C. 1408(c)(1)).

The 10/10 Rule and DFAS Direct Payment

The Frozen Benefit Rule locks the former spouse’s share to the service member’s rank and years of creditable service at the date of divorce, not at retirement.  The 10/10 rule is about how a former spouse gets paid, not whether the pension can be divided. The Defense Finance and Accounting Service (DFAS) pays a former spouse's share directly only if the marriage lasted at least 10 years while the member performed at least 10 years of creditable service (10 U.S.C. 1408(d)(2)). If the marriage was shorter, the court can still divide the pension, but the member pays the former spouse directly.

Federal law also caps direct payments. The total DFAS pays under all court orders can't exceed 50 percent of the member's disposable retired pay (10 U.S.C. 1408(e)(1)). That cap matters when there's more than one order to pay from the same retired pay, or when a settlement tries to give a former spouse a large share. The order sent to DFAS has to be written with both the 10/10 rule and the 50 percent cap in mind, or the former spouse may not be paid the way the parties expected.

The MPDO submitted to DFAS must reference disposable retired pay and include the frozen benefit calculation figures. A decree that states only a percentage of retirement without those specifics will be rejected.

Survivor Benefit Plan After a Military Divorce

The Survivor Benefit Plan (SBP) ensures continued retirement pay to a former spouse after the service member’s death, provided the SBP election is correctly designated in the divorce decree. A former spouse must file a written election with DFAS within one year of the divorce to preserve that coverage. This deadline is set by federal rules, and missing it can permanently forfeit SBP benefits. We can ensure the critical SBP and retirement language is included in your divorce decree, advise on the application process, and work with you on DFAS-related issues so your long-term financial interests are addressed.

Base Housing, Relocation & Custody Considerations

For military families at Nellis Air Force Base, divorce typically triggers significant housing adjustments. The military member can’t force out a non-military spouse without a court order. We guide both service members and spouses through these transitions, help plan for new housing needs, and make sure all steps comply with military and local requirements.

Relocation is a frequent concern for military parents throughout Clark County. Permanent change of station (PCS) moves can affect child custody arrangements, school enrollment, and benefit eligibility. Nevada law requires a parent to seek court permission before relocating out of state with a child. At Leavitt Law Firm, we help military spouses understand those requirements and work with both military and civilian authorities to build custody and visitation plans that account for future PCS moves and deployments.

Coordinating With Base Legal Resources

Many service members and spouses aren’t sure how base legal offices fit into the civilian divorce process. At Nellis AFB and Creech AFB, legal assistance offices can provide free help to eligible active-duty members, retirees, and dependents, answering general questions and helping with basic documents, but they can’t represent you in a contested divorce in Nevada state court. Civilian representation is required for contested proceedings in Clark County Family Court.

When you work with Leavitt Law Firm, we clarify which documents or preliminary advice you can obtain from a Judge Advocate General (JAG) office and which issues require advocacy before the court. We coordinate timing to avoid duplicating efforts and help you prepare before meeting with military legal personnel so you get the most out of both resources without wasted time or conflicting guidance.

The Eighth Judicial District Court operates differently from internal base processes. We can walk you through how each system works, what to expect at every stage, and practical considerations like scheduling around duty assignments and communicating securely during deployments. Aligning what happens on base with what happens in the courthouse can let you move through your case with clarity rather than uncertainty.

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.

Military Divorce FAQs 

Can I file for a military divorce in Nevada if I'm stationed at Nellis or Creech?

Often, yes. Nevada requires that you or your spouse lived in Nevada for at least 6 weeks before filing (NRS 125.020), and both bases are in Clark County, so the case goes to the Family Division of the Eighth Judicial District Court. Whether a service member here on military orders counts as a Nevada resident depends on the facts, so we'll look at your situation before you file.
 

What is the 10/10 rule?

It's a rule about how the former spouse gets paid, not whether the pension can be divided. DFAS pays a former spouse's share directly only if the marriage lasted at least 10 years while the member performed at least 10 years of creditable service (10 U.S.C. 1408(d)(2)). If the marriage is shorter, the court can still divide the pension, but the member pays the former spouse directly.

What happens to custody if I deploy?

Nevada's Uniform Deployed Parents Custody and Visitation Act applies. A court can't treat a past or possible future deployment, by itself, as deciding the child's best interest (NRS 125C.0647), and it can't issue a permanent custody order during deployment without the deploying parent's consent (NRS 125C.0659). Parents can also sign a temporary written agreement covering custody during the deployment (NRS 125C.0649).

Can my military divorce be put on hold while I'm on active duty?

Sometimes. Under the Servicemembers Civil Relief Act, if your military duties keep you from taking part and your commanding officer confirms it, the court must stay the case for at least 90 days when you ask (50 U.S.C. 3932). This applies to custody cases too. And if a service member doesn't respond, the court can't enter a default judgment until it appoints an attorney to represent them (50 U.S.C. 3931(b)(2)).

Will my former spouse keep Survivor Benefit Plan coverage after a military divorce?

Only if it's handled correctly. Former spouse SBP coverage should be written into the decree, and the election has to reach the military pay center on time. If the member doesn't make the election, the former spouse can ask for a "deemed election," but that request must be made within one year of the court order (10 U.S.C. 1450(f)(3)(C)). Missing that deadline can mean losing the coverage.

How Does Military Divorce Affect Health Insurance Coverage?

Whether a non-military spouse retains TRICARE coverage after divorce depends on how long the marriage lasted and how much of that time overlapped with qualifying military service. A former spouse keeps TRICARE if the marriage lasted at least 20 years, the member served at least 20 creditable years, and at least 20 years of the marriage overlapped that service (the 20/20/20 rule), as long as the former spouse doesn't remarry and has no employer-sponsored health plan. If the overlap was at least 15 but less than 20 years (20/20/15), coverage lasts one year from the final decree. We clarify which rules apply to your situation and make sure the necessary provisions are included in your decree.

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.