You have spent years building a military career, and now that divorce is on the table you are worried that your spouse will walk away with half your pension and most of your paycheck. You may also be wondering what will happen to Tricare, BAH, and your children’s financial support if you move or deploy. Those are serious questions, and guessing wrong can affect the rest of your life.
In Colorado Springs, military families face a mix of Colorado state law and federal military rules that make divorce financials more complicated than most civilian cases. Servicemembers at Fort Carson, Peterson Space Force Base, Schriever, and the Air Force Academy often get conflicting advice from friends, command, and the internet about what a court can do. Spouses hear different stories about what they are “entitled” to, especially when it comes to retired pay and health care.
We work with military families across Southern Colorado who are navigating these exact questions, and we see the same myths and surprises again and again. Our goal in this guide is to walk through the key financial pieces of a military divorce in Colorado, explain how they really work, and show how to plan instead of panic. Along the way, we will point out where Colorado law and federal rules intersect, and how The Gasper Law Group approaches these issues for servicemembers and spouses.
How Colorado Military Divorces Handle Money Differently
Colorado follows an equitable distribution system for dividing property in divorce. That means a judge divides marital property fairly, not automatically fifty fifty. When one or both spouses are in the military, the list of potential marital assets looks different. You are not just talking about a house and a car, you also have military retired pay, the Thrift Savings Plan, housing and food allowances, and, in some cases, reenlistment or deployment bonuses on the table.
Federal law also plays a major role. The Uniformed Services Former Spouses' Protection Act (USFSPA) allows states like Colorado to treat disposable retired pay as divisible marital property. At the same time, federal law sets limits on what a court order can require the Defense Finance and Accounting Service (DFAS) to do, such as how much retired pay DFAS can send directly to a former spouse and under what conditions. This blend of state and federal rules does not exist in a typical civilian divorce, and it is where many online articles oversimplify or misstate the rules.
In Colorado Springs, judges in El Paso County and nearby courts see military divorces regularly because of the presence of Fort Carson, Peterson, Schriever, and the Air Force Academy. As a result, courts here are familiar with LES statements, BAH tables, and deployment issues. That is good news in one sense, because you are not educating the court from scratch. It also means, however, that judges often see through arguments that try to hide allowances or minimize the value of military benefits, and they look closely at the real financial picture for both spouses.
Military families often assume their divorce will be handled just like their civilian friends’ cases, or that the military will take care of money issues through command. In reality, Colorado courts decide property division, child support, and maintenance, and those orders can override informal arrangements or command level expectations. We help clients understand what pieces the court controls, what pieces DFAS controls, and how to craft orders that align with both so there are no surprises later.
Military Retirement & The 10/10 Rule in Colorado
Military retirement is often the largest asset in a military divorce, and it is also the most misunderstood. Under USFSPA, Colorado courts may treat the portion of military retired pay earned during the marriage as marital property and divide it between spouses. The key idea is the portion earned during the marriage, not the entire pension in every case, and that distinction can make a six figure difference over time.
Colorado courts commonly use a time based formula to identify the marital share of the pension. In simple terms, they look at how many years of creditable service overlapped with the marriage, and then compare that to the total years of service at retirement. For example, if a servicemember serves 20 years and is married for 10 of those years, the marital share is often described as 10 divided by 20, or one half of the pension, before any division between spouses. The court then decides what percentage of that marital share each spouse will receive based on the overall circumstances of the case.
The 10/10 rule causes a lot of confusion. Many people believe that if they were not married for at least 10 years while the servicemember was on active duty, the spouse cannot receive any part of the pension. That is incorrect. The 10/10 rule is a DFAS rule about direct payment, not a rule about whether Colorado can award a share of the retired pay. A Colorado judge can award a share of the marital portion of retired pay even if there were fewer than 10 years of overlapping marriage and service. The difference is that DFAS may not send that share directly to the former spouse, and payment may need to be routed through the servicemember.
Here is how that plays out in real Colorado Springs cases. Suppose a Fort Carson soldier has served 16 years and has been married for 8 of those years when a divorce is filed. Colorado can still treat 8 out of 16 years of service as the marital portion. The court can award a percentage of that portion to the spouse in the decree and property orders, even though the 10/10 rule for DFAS direct pay has not been met. Many websites skip that nuance, which leads servicemembers and spouses to make bad assumptions during negotiation or to leave significant value on the table.
DFAS also has technical requirements for military pension division orders. If the order does not use acceptable language or clearly state a formula or fixed percentage, DFAS may reject it or delay payments. Our team regularly works with LES statements and retirement estimates for servicemembers and spouses in Southern Colorado, and we pay close attention to how orders are structured so they reflect what the court intended and DFAS can actually administer them in practice.
How BAH, BAS, & Special Pays Affect Child Support and Maintenance
Another major difference in military divorce financials is how income is calculated for child support and maintenance. Colorado statutes define gross income broadly, and courts generally look beyond base pay to get a realistic view of what a servicemember actually takes home each month. For military families around Colorado Springs, that usually means base pay, Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), and certain special or incentive pays are part of the conversation.
On a Leave and Earnings Statement, or LES, income is broken into specific line items. For an active duty member at Fort Carson or Peterson, you will typically see base pay, BAH, BAS, and, depending on the assignment, items such as hostile fire pay, jump pay, flight pay, or family separation allowance. In many Colorado cases, courts treat BAH and BAS as part of gross income for support purposes because they reduce the servicemember’s out of pocket housing and food costs and effectively increase available income for the household.
Support guidelines in Colorado are formula driven, but the inputs come from real life numbers. When we represent servicemembers or spouses, we walk through the LES and identify which items courts in this area usually count. For example, if a servicemember receives hostile fire pay only while deployed, that may be treated differently than regular BAH or BAS which is more stable. Understanding that distinction can prevent support orders that are impossible to meet once a deployment or special duty ends, and it can prevent unrealistic expectations about what support will look like over time.
Military pay also changes with duty station and rank. A change from on base housing at Fort Carson to off base housing after a PCS can significantly change BAH. If a support order is built around one BAH rate without anticipating upcoming moves, it may become outdated quickly. Colorado courts can modify child support and maintenance when circumstances change, but that process takes time and effort. Building some awareness of likely PCS moves and rank progression into the original order can save both sides stress and legal fees later.
Because our firm routinely handles military divorces in Colorado Springs, we are used to reading LES statements and explaining military pay to judges who see these cases often. We help clients present a clear, honest income picture, which is critical whether you are asking for support or trying to ensure an order reflects what you can realistically pay while continuing your military career.
Dividing Thrift Savings Plan & Other Military Investments
The defined benefit pension gets most of the attention in military divorces, but the Thrift Savings Plan is often a substantial asset as well. The TSP is the federal government’s retirement savings plan, similar in structure to a 401(k). Service members and some federal employees can contribute pre tax or Roth dollars, and the account grows over time with investment returns. In Colorado divorces, TSP balances accumulated during the marriage are generally treated as marital property that may need to be divided.
Dividing TSP accounts is usually more straightforward than dividing a pension, but it still requires careful planning. Colorado courts can award a percentage of the TSP to the other spouse, a fixed dollar amount, or a combination of both, depending on the facts of the case. Orders then direct the TSP administrator to transfer that share, often into the other spouse’s IRA or similar account. The choice between a percentage and a fixed amount affects how both parties share in market gains or losses between the time of divorce and the time of transfer, and that is a detail many people overlook.
We often see two common mistakes in Colorado Springs military divorces. First, people focus only on the pension and ignore the TSP, even though it may be worth tens of thousands of dollars, especially for mid career or senior members. Second, they pick a valuation date without considering recent or upcoming contributions, bonuses, or deployments. For example, a large tax refund or a reenlistment bonus contributed to TSP right before filing can raise questions about whether that money is marital or separate, and those questions should be addressed clearly in any agreement.
When we work with military clients, we review retirement statements, TSP balances, and any other investment or savings vehicles alongside the pension. That way the overall division can be balanced, and each party understands not only what they are giving up, but also what they are keeping in terms of long term security.
Health Coverage, Tricare, & Other Benefits After Divorce
Health care is another major concern in military divorces, especially for spouses who have relied on Tricare for years. After divorce, Tricare coverage for a former spouse depends on several factors, including the length of the marriage, the length of the servicemember’s service, and how much those periods overlap. Children of the marriage, however, generally remain eligible as military dependents even when the parents divorce, which can ease some of the financial burden for both sides.
Colorado courts cannot create new Tricare rights that federal law does not recognize, but they can consider health insurance costs when setting child support and maintenance. If a former spouse will need to buy private coverage or join an employer plan, that additional cost may be part of the financial picture in negotiations. Likewise, if the servicemember will be responsible for providing coverage for children through Tricare or another plan, that obligation can affect support calculations and monthly budgets.
Divorce can also affect other base related benefits that have real financial value, such as commissary and exchange privileges. Losing the ability to shop at the commissary or exchange can raise monthly living expenses. While Colorado courts do not assign a formal dollar value to those privileges, we find it helpful to talk honestly with clients about what their monthly budget will look like with and without those benefits. That discussion often influences decisions about whether to pursue more property now, more maintenance for a limited time, or some combination that fits the family’s needs.
We understand that for many military spouses in Southern Colorado, the idea of losing Tricare and base access is as stressful as the divorce itself. Part of our work is helping you identify realistic replacement coverage options and build that cost into your overall plan, rather than treating it as an afterthought that catches you off guard months after the decree is entered.
Deployments, PCS Orders, & Long-Term Financial Planning
Military life does not pause for divorce. Deployments, temporary duty assignments, and PCS orders all intersect with the timing and substance of financial decisions. In Colorado Springs, it is common for one spouse to be stationed at Fort Carson or one of the local Space Force bases while the other spouse lives elsewhere, sometimes in another state. That can complicate everything from filing location to court appearances to the exchange of financial documents and evidence.
Upcoming deployments or PCS orders should factor into your divorce strategy. For example, if a Fort Carson soldier has orders to deploy overseas in six months, that may affect when to schedule hearings, how quickly to gather financial information, and whether temporary orders are needed to stabilize finances while the servicemember is away. Colorado law provides some protections for servicemembers on active duty who are unable to appear in court, but relying purely on delay can backfire and increase cost for everyone involved.
Long term financial planning also needs to account for the realities of a military career. Rank progression, potential retention or separation, and the possibility of a disability rating can all change the value and structure of future income. A support order that makes sense while a servicemember is on active duty may need revisiting if they transition to civilian employment or medical retirement. When we work with military families, we talk through likely career paths and build flexibility into settlements where possible so you are not locked into a plan that stops making sense a few years down the road.
Frequent moves can also influence housing decisions in divorce. A spouse who wants to keep the marital home in Colorado Springs needs to consider how they will manage the mortgage if the servicemember moves or if child support fluctuates. Likewise, a servicemember who expects to PCS out of Colorado may need a plan for whether to sell the home or rent it out, and how that affects equity division and tax consequences. These are not purely financial questions, they are lifestyle decisions, but they have real money impacts that should be discussed before final orders are entered.
Because The Gasper Law Group is located close to the major installations in Southern Colorado and uses secure technology for meetings and document sharing, we can coordinate with servicemembers who are deployed or away on TDY as well as spouses who remain in Colorado Springs. That flexibility is critical when building a financial plan that must function across time zones and duty schedules without putting your career or your case at risk.
Common Military Divorce Money Myths in Colorado Springs
In a military town like Colorado Springs, we hear the same financial myths repeated on base, in unit chat groups, and in online discussions. Clearing up these misunderstandings early can prevent you from agreeing to something that is unfair, or from taking a hard position that is not supported by Colorado law. It also keeps both sides from wasting time and money arguing over things that simply are not true.
One of the most common myths is that the non military spouse automatically gets half of the military pension, no matter how long the marriage lasted. In reality, Colorado courts usually look only at the portion of retirement earned during the marriage and then decide what share of that marital portion is fair. A short marriage that overlapped only a few years of service will generally have a much smaller marital share than a long marriage that covered most of a career. Assuming an automatic fifty percent split can cause both servicemembers and spouses to miscalculate their options and expectations.
The flip side myth involves the 10/10 rule. Many servicemembers are told that if the marriage did not last at least 10 years during active duty, the court cannot award any part of the pension to the spouse. As discussed earlier, this confuses eligibility for DFAS direct pay with eligibility to share in the pension itself. Colorado judges can still award a part of the marital share of retired pay in a shorter marriage. The main difference is that DFAS may not send checks directly to the former spouse, which affects how payments are routed, not whether they are allowed in the first place.
Another persistent myth is that BAH and other allowances are invisible to the court and that child support will be based on base pay only. In a jurisdiction like El Paso County where military cases are common, judges typically expect to see the full income picture, including housing and subsistence allowances. While each case is fact specific, assuming BAH is off limits can lead to inaccurate budgets and unpleasant surprises when a support worksheet is finally prepared. It is far better to understand early how your full pay package is likely to be viewed.
Finally, some servicemembers believe that command or JAG will handle child support or spousal support instead of the court. Command can sometimes enforce basic family support obligations under regulations, but those actions do not replace Colorado court orders. Civilian courts set binding support and property terms in divorce cases. Our role is to help you understand where command fits in, and where it does not, so you can make decisions based on how the law actually works rather than on barracks talk or informal advice.
At The Gasper Law Group, we spend a significant amount of time in early consultations unraveling these myths for servicemembers and spouses in Southern Colorado. Once the misinformation is out of the way, clients can focus on real numbers and real options instead of fighting ghosts or chasing outcomes that the law does not support.
Planning Your Next Steps With A Colorado Springs Military Divorce Lawyer
Military divorce financials in Colorado involve many moving parts, from the marital share of a pension, to how BAH is counted, to what happens with Tricare and base privileges. The good news is that once you see how these pieces fit together, you can move from fear to planning. The best time to start that process is before you sign any agreement or rely on informal promises about taking care of each other for life.
To make the most of a consultation, we suggest gathering a recent LES, any retirement estimates or benefit statements you have, your current TSP or other retirement account statements, and, if possible, a basic monthly budget. If you have PCS orders, deployment orders, or know that a major career change is coming, bring that information as well. These details help us show you how Colorado law and federal rules are likely to apply to your specific situation, not just in theory, and they make the meeting far more productive.
We know that paying for legal help can feel overwhelming when you are already anxious about dividing income and assets. The Gasper Law Group offers low retainers and interest free payment plans, which makes it possible to get guidance without creating an impossible upfront bill. Our focus is on helping military families in Colorado Springs and Southern Colorado navigate life changing decisions, and that includes structuring our services in a way that recognizes the financial realities of military life and frequent moves.
If you are facing a military divorce or considering filing, you do not have to sort out pensions, BAH, and benefits on your own. A focused conversation with our team can give you a clearer picture of your options and a path forward that protects your future and your family’s stability.
Call (719) 212-2448 to schedule a consultation with a Colorado Springs military divorce attorney at The Gasper Law Group.