Fairfax County Family Law · Military Divorce

Military Divorce in Fairfax County: What Service Members and Spouses Need to Know

Fairfax County sits in the heart of the most concentrated federal and military region in the country. Fort Belvoir is here, the Pentagon is minutes away, and many of our neighbors wear the uniform or work for the federal government. A military divorce in Fairfax follows the same Virginia law as any other divorce, but it carries extra rules that ordinary cases do not. Let me walk you through what really matters.

By Alisa Chunephisal, Esq. · Founding Partner, NOVA Legal Professionals

This article is one part of our larger guide. For the full picture, start with our cornerstone, Family Law in Fairfax County. Here, I am going to focus on military divorce alone.

Where you can file matters a lot

A Virginia divorce normally requires that at least one spouse has been domiciled in the Commonwealth for six months before filing. For service members and federal employees, “domicile” gets complicated, because the military moves you and the federal government stations you wherever the mission goes.

Virginia handles this well, and a 2026 update made it even more military-friendly.

Where you file shapes, which court hears your case, which state’s law applies to property, and how much travel is required. For deeper detail on jurisdiction and procedure, see our military divorce practice area page.

The Servicemembers Civil Relief Act

Active-duty service members have important protections under a federal law called the Servicemembers Civil Relief Act (SCRA). The biggest one for divorce purposes is the right to request a stay of court proceedings while military duty materially affects the member’s ability to participate.

A few things people often misunderstand about the SCRA:

• A stay is not automatic. The service member usually has to request it, with information showing how duty interferes.
• The SCRA protects against default judgments. If a spouse files and the service member is deployed, the case generally cannot proceed without proper notice and protections in place.
• A stay does not last forever. Courts can extend it for good reason, but the case eventually moves forward.

Military pensions and the 10/10 rule

Military retirement is often one of the most valuable marital assets, and it is divided under a federal law called the Uniformed Services Former Spouses’ Protection Act (USFSPA). Virginia treats the portion of military retired pay earned during the marriage as marital property subject to equitable distribution, the same fairness standard that applies to any other asset.

One important detail people get wrong all the time. The so-called 10/10 rule is not a cutoff for whether a spouse can receive a share of the pension. It only affects whether DFAS will pay the spouse directly. A spouse may still be entitled to a share of the retirement even if the marriage and the service did not overlap for ten years; the payment just has to come through the service member rather than directly from the Defense Finance and Accounting Service.

Healthcare, ID cards, and the 20/20/20 rule

For some former spouses of service members, federal law continues TRICARE healthcare and military ID card privileges after divorce. This is the 20/20/20 rule, which requires twenty years of marriage, twenty years of creditable military service, and at least twenty years of overlap between the marriage and the service. Spouses who meet the related 20/20/15 standard can qualify for limited transitional benefits.

If you do not meet either standard, there are still healthcare options available during the transition. The point is to know where you stand before you sign anything.

Other federal benefits and assets

A Fairfax military divorce often involves more than just the pension. Common pieces to address:

• Thrift Savings Plan (TSP). The federal version of a 401(k) is divisible just like a civilian plan.
• Survivor Benefit Plan (SBP). Continued retirement income for a former spouse after the service member’s death, which has strict election deadlines.
• VA disability compensation. Generally not divisible as marital property, but it can affect support calculations.
• Base housing, BAH, and moving allowances. Affect day-to-day finances and provide temporary support during the case.

Dividing these correctly almost always requires specific federal orders or elections. Getting them wrong the first time is expensive, and sometimes impossible, to fix later.

Custody when one parent moves with the military

Custody for a military family raises real questions about deployment, PCS moves, and long-distance parenting. Virginia courts can build orders that address temporary moves, family-care plans, and how to handle a service member’s absence during deployment. A custody order should never be drafted as if a service member will be in one place forever; it should anticipate that they will not.

Frequently Asked Questions