Best Military Divorce Lawyers in Brooklyn

About Military Divorce Law in Brooklyn, United States

Military divorce combines state family law rules with federal protections and rules that apply specifically to service members. If you or your spouse is in the military and you are seeking a divorce in Brooklyn - Kings County, New York - New York State divorce law will generally control the process and the division of marital property. At the same time, federal laws such as the Servicemembers Civil Relief Act - SCRA - and the Uniformed Services Former Spouses' Protection Act - USFSPA - create special procedures and protections for active duty members and for division or payment of military retirement benefits. Because the military spouse may be stationed away from Brooklyn or on active duty, additional procedural protections and timing issues can arise that do not exist in civilian divorces.

Why You May Need a Lawyer

Military divorces raise technical, procedural and benefits-related issues that make legal advice valuable. You may need a lawyer if you must divide a military pension, protect your rights to survivor benefits or the Survivor Benefit Plan - SBP, or if your spouse is deployed and you face SCRA-related stay requests. Lawyers can help with jurisdiction and venue questions when one spouse is stationed outside New York, with negotiation or litigation over custody and visitation when frequent relocations or Permanent Change of Station - PCS - moves are likely, and with complex valuation of military pay, special pays and allowances. Counsel also helps preserve rights related to health care - such as TRICARE eligibility for a former spouse - child support and spousal maintenance under New York statutes, and enforcement of orders when a service member lives or serves out of state or overseas. Finally, lawyers can coordinate with military legal assistance offices and federal agencies such as DFAS and the Department of Veterans Affairs to implement orders that affect benefits.

Local Laws Overview

Jurisdiction and venue - Divorce actions are filed in New York Supreme Court - typically the Kings County Supreme Court for Brooklyn residents - or in another New York county that meets residency rules. New York has residency requirements that must be satisfied before a court will issue a divorce. Where a military spouse is domiciled or stationed can affect where a case is filed and which court has authority.

Property division - New York follows an equitable distribution approach. Marital property - assets and debts acquired during the marriage - is divided fairly but not necessarily equally. Military retirement pay is treated as marital property to the extent it accrued during the marriage, subject to federal limitations like the USFSPA.

Child support and custody - Child support in New York typically follows the Child Support Standards Act - CSSA - which provides guidelines for basic support based on parental income. Custody and parenting time issues are decided based on the best interests of the child, with the court considering factors such as parental fitness, child adjustment, and the impact of military moves.

Maintenance - New York law provides statutory guidance and formulas for temporary and post-divorce maintenance. Courts consider factors such as income, length of marriage, age and health of the parties, and the ability of the recipient to become self-supporting.

Federal protections and retirement-pay rules - The Servicemembers Civil Relief Act provides a mechanism for a deployed or otherwise unavailable service member to request a stay of civil proceedings if military service materially affects the ability to defend the action. The Uniformed Services Former Spouses' Protection Act allows state courts to treat military retirement pay as divisible property and enables direct payments from the Defense Finance and Accounting Service - DFAS - to a former spouse in certain circumstances, subject to specific paperwork and timing rules. The 20-20-20 rule under federal statute permits direct payment by DFAS to a former spouse when the marriage overlapped at least 20 years with 20 years of creditable military service and the service member is entitled to retired pay.

VA benefits - VA disability compensation and VA pensions are federal benefits that are generally not divisible as marital property. However, their existence and amount can influence equitable distribution or support calculations. Survivors benefits under the Department of Veterans Affairs have separate rules from military SBP.

Frequently Asked Questions

Can I file for divorce in Brooklyn if my spouse is on active duty and stationed elsewhere?

Yes. If you meet New York residency requirements and Brooklyn is the appropriate venue, you can file in Kings County Supreme Court. However, the service member may invoke protections under the SCRA that could delay proceedings if military service materially affects their ability to participate. A lawyer can assist with service of process and the SCRA procedures.

How does the Servicemembers Civil Relief Act - SCRA - affect my divorce case?

The SCRA allows a service member to request a stay of civil proceedings - including divorce - for at least 90 days if military service materially affects their ability to appear or participate. Courts balance the member's needs and the other spouse's interest in prompt resolution. You should expect the possibility of scheduling delays, and counsel can help you respond properly to an SCRA stay request.

Will my spouse's military pension be divided in a Brooklyn divorce?

Military retirement pay that accrued during the marriage can be treated as marital property and divided by a New York court under equitable distribution principles. The USFSPA permits state courts to assign a portion of military retired pay to a former spouse. The court decree must be carefully drafted to comply with federal procedures if you intend DFAS to make direct payments to the former spouse.

What is the 20-20-20 rule and why does it matter?

The 20-20-20 rule refers to a federal provision that allows DFAS to pay a former spouse directly when the marriage overlapped the service member's creditable military service for at least 20 years, the service member served at least 20 years, and the former spouse was married to the service member for at least 20 years. Meeting this rule simplifies enforcement because DFAS can implement direct pay to the former spouse under the court order or settlement that complies with DFAS requirements.

Can VA disability benefits be divided in divorce?

Generally, VA disability compensation is not divisible or assignable to a former spouse. It is federal benefit pay that protects beneficiaries from direct division. However, courts sometimes consider the existence of VA disability awards when equitably distributing other marital assets or when determining alimony or support, so disability benefits can still indirectly affect settlement outcomes.

What is the Survivor Benefit Plan - SBP - and can I get coverage as a former spouse?

SBP is a Department of Defense program that provides an annuity to a surviving beneficiary if the service member dies. A former spouse may be designated as the SBP beneficiary if the divorce decree and election comply with required timing and notice rules. The availability and cost depend on the court order language, the service member's elections, and applicable federal rules.

How is child support calculated when one parent is in the military?

New York applies the Child Support Standards Act - CSSA - using parental income to calculate presumptive child support. For service members, military basic pay is included in income. Some special pays and allowances may or may not be included depending on their nature. A local attorney can clarify which military pay components are counted for CSSA calculations and whether adjustments are appropriate for deployment or unusual expenses.

What happens to TRICARE and health coverage after divorce?

TRICARE coverage for a former spouse depends on eligibility rules. In some cases a former spouse is eligible for continued TRICARE coverage if the couple was married for a minimum period that often correlates with the member's years of service, or under specific transitional rules. Other options include continuation coverage under employer plans or private insurance. Speak with counsel and the military personnel office early to understand timelines and enrollment requirements.

How do I make DFAS pay my share of the military retirement to me directly?

To get direct payment from DFAS you generally need a properly worded court order or settlement that complies with DFAS requirements and applicable federal law. If the 20-20-20 rule is met, DFAS can make direct payments to a former spouse. Even when the rule is not met, the court can still award a share of the pension with enforcement remedies. An attorney familiar with military pension division can prepare the necessary language and help submit documentation to DFAS.

What documents should I gather before meeting a lawyer about military divorce?

Important documents include marriage certificate, military identification for the service member, recent Leave and Earnings Statements - LES - and any retirement statements, proof of service records if applicable, tax returns for recent years, bank and investment statements, mortgage and loan documents, credit card statements, pay stubs for the civilian spouse, records of child-related expenses, health insurance information, any existing court orders, and affidavits about deployment or relocation. Bring as much financial and military documentation as possible to the first meeting so your attorney can assess key issues quickly.

Additional Resources

Local courts and agencies - Kings County Supreme Court - Matrimonial Part, Kings County Family Court and the New York State Unified Court System provide procedural guidance for family law matters.

Federal agencies and programs - Defense Finance and Accounting Service - DFAS - handles military retired pay payments. The Department of Veterans Affairs administers VA disability and survivor benefits. The Servicemembers Civil Relief Act is federal law that affects timelines and procedure for active duty members.

Military legal assistance - Local base legal assistance offices - for example the office at nearby installations - provide free legal advice on certain issues to service members and sometimes to dependents. They can help with understanding benefits and with preparing or reviewing documents.

Nonprofit and bar resources - New York legal aid organizations, the NYC Bar Association and military family nonprofit organizations offer guidance, referral services and sometimes low-fee or pro bono representation for eligible clients. National military family organizations can also provide practical information about benefits and transitions.

Next Steps

If you need legal assistance for a military divorce in Brooklyn, consider these steps -
- Gather documents listed above and make copies.
- Contact a New York family law attorney with experience in military divorces - look for experience handling military pension division, DFAS orders and SCRA issues.
- If you or your spouse are on active duty, notify the military legal assistance office for guidance and for help with military-specific forms and notices.
- Schedule a consultation to review jurisdiction, likely timelines, and immediate protective steps if there are safety or urgent financial issues.
- Discuss alternative dispute resolution - mediation or collaborative divorce - if both sides are open to negotiated settlement; a lawyer can explain pros and cons given military constraints.
- If a court order will affect DFAS or SBP, ensure the order contains precise language required to implement federal benefit changes and direct payments, and plan for any required filings with DFAS or the Department of Defense.

Important note - This guide is informational only and does not create an attorney-client relationship. Military divorce involves both state and federal rules and can be complex. For advice specific to your facts and to protect your rights, consult an experienced family law attorney licensed in New York who has handled military divorce matters.