A military divorce in Kentucky or Tennessee follows state divorce law plus federal rules on retired pay, survivor benefits, health coverage, and court delays during service. Wise & Associates, a veteran-owned firm in Louisville, and Wise Law, its Nashville office, represent service members and military spouses near Fort Knox and Fort Campbell.
Military families face the same divorce questions as everyone else, plus a second set of federal rules that most civilian divorces never touch. This guide covers both, for families connected to Fort Knox and Fort Campbell. For representation, see our Kentucky divorce and Tennessee divorce pages, and learn why we are a veteran-owned firm.
Where Can a Military Family File for Divorce?
Service members often have ties to several states: where they are stationed, where they grew up, and where they pay taxes. A divorce can usually be filed in more than one place, and the choice can change how retired pay and support are handled.
- Kentucky. A spouse must live in Kentucky for 180 days before filing. Being stationed in Kentucky as a member of the armed services counts as living in Kentucky (KRS 403.140).
- Tennessee. Either spouse must have lived in Tennessee for six months before filing. A service member, or the spouse of one, who has lived in Tennessee for at least one year is presumed to be a resident (Tenn. Code Ann. § 36-4-104).
Fort Knox sits partly in Bullitt County, one of the counties Wise & Associates serves, and many Fort Knox families live in or move to the Louisville area. Fort Campbell straddles the Kentucky–Tennessee line near Clarksville, and many of its families move to Nashville and the surrounding counties. Wise & Associates handles Kentucky cases in Jefferson, Oldham, Bullitt, Shelby, Spencer, and Henry counties. Wise Law, the Nashville office of Wise & Associates, handles Tennessee cases in Davidson, Williamson, Rutherford, Wilson, and Sumner counties. If your case belongs in another county, we tell you that on the first call.
Dividing Military Retired Pay
The Uniformed Services Former Spouses' Protection Act, or USFSPA (10 U.S.C. § 1408), allows state courts to treat military retired pay as property to be divided in a divorce. Kentucky divides marital property in just proportions (KRS 403.190), and Tennessee divides it equitably (Tenn. Code Ann. § 36-4-121). Both states can reach the part of retired pay earned during the marriage.
The 10/10 rule
The 10/10 rule is often misunderstood. It does not decide whether a former spouse can receive part of the retired pay. It decides only whether the Defense Finance and Accounting Service (DFAS) will pay the former spouse directly. Direct payment requires at least 10 years of marriage overlapping at least 10 years of creditable service. Without it, the court can still award a share, but the service member pays it.
The 50 percent limit and the frozen benefit rule
DFAS will pay a former spouse no more than 50 percent of disposable retired pay for a property division. For divorces after December 23, 2016, the divisible amount is based on the service member's pay grade and years of service at the time of the divorce order, not at retirement. The order has to state those figures correctly, or DFAS can reject it.
VA disability pay
VA disability compensation is not divisible retired pay. In Howell v. Howell (2017), the U.S. Supreme Court held that a state court cannot order a veteran to reimburse a former spouse when the veteran's retired pay drops because of a VA disability waiver. Courts can still consider disability income when setting support.
Survivor Benefit Plan and TRICARE
Retired pay stops when the retiree dies unless the Survivor Benefit Plan (SBP) is in place. A divorce order can require former spouse SBP coverage, but the paperwork has deadlines: a deemed election request must generally reach DFAS within one year of the court order (10 U.S.C. § 1450). Missing it can cost the former spouse the benefit.
TRICARE coverage for a former spouse generally ends at divorce. Under the 20/20/20 rule, a former spouse keeps full military health care only if the marriage lasted 20 years, the service member served 20 creditable years, and the two overlapped by 20 years. Shorter overlaps may qualify for limited transitional coverage.
Court Delays During Active Duty
The Servicemembers Civil Relief Act (SCRA) protects a service member whose duties prevent participation in a case. On a proper request, the court must stay the case for at least 90 days (50 U.S.C. § 3932). A stay can protect a deployed service member, but it can also leave the other spouse waiting on support, so temporary orders are often handled first.
Custody, Support, and Deployment
Custody follows each state's best-interest rules (KRS 403.270; Tenn. Code Ann. § 36-6-106). Both states also have deployment statutes (KRS Chapter 403A; Tenn. Code Ann. Title 36, Chapter 7) that let a family set temporary custody arrangements during a deployment. In Tennessee, temporary orders entered for a deployment end when the deployed parent returns, and a past or possible future deployment cannot be the only factor in a custody decision (Tenn. Code Ann. §§ 36-7-107, 36-7-307). How military allowances, such as Basic Allowance for Housing, count as income is a common issue under each state's child support guidelines.
Mistakes Military Families Make
- Agreeing to a percentage of retired pay without the figures DFAS needs
- Missing the one-year SBP deadline
- Assuming a share of retired pay is lost because the marriage was under 10 years
- Filing in a state without comparing how each state would treat the case
- Ignoring the Thrift Savings Plan, which is divided by its own court order
How Wise & Associates and Wise Law Handle Military Divorce
Wise & Associates is veteran-owned. Founder Christopher Wise is a U.S. Navy combat veteran who served in U.S. Navy Special Warfare from 2008 to 2014, and he leads the firm's Kentucky military divorce work. He knows military life from the inside: deployments, moves, and the pressure on the family left at home. In Tennessee, Wise Law, the Nashville office of Wise & Associates, handles military divorces through managing attorney Paige Redd, who has been licensed in Tennessee since April 2020. Both offices draft retired pay, SBP, and Thrift Savings Plan orders to meet the federal requirements, so the order does not get rejected after the divorce is final.
Military Divorce in Kentucky and Tennessee: Key Facts
Frequently Asked Questions
Is my spouse entitled to half my military retirement?
Not automatically. Kentucky and Tennessee courts can divide the part of retired pay earned during the marriage, and the share depends on the length of the marriage and the rest of the case. DFAS will pay a former spouse no more than 50 percent for a property division.
What is the 10/10 rule in a military divorce?
It decides only whether DFAS pays the former spouse directly. Direct payment needs 10 years of marriage overlapping 10 years of service. Without it, a court can still award a share, paid by the service member.
Can I file for divorce in Kentucky if I am stationed at Fort Knox?
Yes, if the residency rule is met. Being stationed in Kentucky as a member of the armed services counts as living in Kentucky, and a spouse must live in Kentucky for 180 days before filing.
Can a divorce be delayed while I am deployed?
Yes. Under the Servicemembers Civil Relief Act, the court must stay the case for at least 90 days on a proper request when military duty prevents the service member from taking part.
Does Wise & Associates handle military divorces in Tennessee?
Yes, through Wise Law, the Nashville office of Wise & Associates. Paige Redd, licensed in Tennessee since April 2020, handles Tennessee cases in Davidson, Williamson, Rutherford, Wilson, and Sumner counties.
How much does a military divorce lawyer cost at Wise & Associates?
Wise & Associates and Wise Law charge an upfront flat fee between $1,500 and $5,000, quoted in a free phone consultation. Added stages are priced before each begins.
Related Reading
- Our veteran-owned firm
- Tax consequences of divorce
- Relocating with children after divorce
- How child support is calculated in Kentucky and Tennessee
Talk to a Military Divorce Attorney in Louisville or Nashville
Consultations are free and by phone. Book a time, then call the office at your scheduled time.
Wise & Associates, Louisville: 303 Middletown Park Pl, Suite G, Louisville, KY 40243 · (502) 618-0000 · Book a free phone consultation
Wise Law, Nashville: 4235 Hillsboro Pike, Suite 300, Nashville, TN 37215 · (615) 208-9190 · Book a free phone consultation
Wise Law is the Nashville office of Wise & Associates, Louisville, Kentucky.
Kentucky families can start with our Kentucky divorce page, and Tennessee families with our Tennessee divorce page. Wise & Associates and Wise Law quote the upfront flat fee in a free phone consultation. See pricing or book a free phone consultation.
Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.