Best Military Divorce Lawyers in Islandia

About Military Divorce Law in Islandia, United States

Military divorce refers to a divorce where at least one spouse is an active duty, reserve, National Guard, or retired service member. If you live in Islandia, a village in Suffolk County, New York, your divorce case is handled under New York State law, with important federal protections and rules that apply to service members. These federal rules can affect timelines, service of court papers, division of military retirement, child support enforcement, and access to military benefits after divorce.

Most divorces in New York proceed in the Supreme Court of the State of New York, County of Suffolk. New York offers no-fault divorce, uses equitable distribution to divide property, and decides custody based on the best interests of the child. When the military is involved, the Servicemembers Civil Relief Act, the Uniformed Services Former Spouses Protection Act, and related federal regulations can significantly shape the process and outcome.

Why You May Need a Lawyer

You may benefit from hiring a lawyer experienced in military divorce if any of the following apply:

- You or your spouse are deployed, on temporary duty, or expecting orders that complicate court appearances and parenting schedules.

- You need to divide military retired pay, a Thrift Savings Plan, or assess the impact of VA disability on retirement division.

- You want to secure former spouse Survivor Benefit Plan coverage to protect future payments if the service member dies first.

- You need child support that accounts for base pay, BAH, BAS, special or incentive pays, and changes in income due to activation or deployment.

- You are concerned about health care access after divorce, including TRICARE eligibility under the 20-20-20 or 20-20-15 rules or the Continued Health Care Benefit Program.

- You must address custody and visitation during and after deployments without penalizing military service.

- You face tight deadlines and technical requirements for DFAS direct payment orders, court orders acceptable for processing, or retirement benefit orders.

- You require protection under the Servicemembers Civil Relief Act, including stays of proceedings and default judgment safeguards.

- You have property, debt, or tax issues in multiple states, or need clarity on New York residency rules for filing.

Local Laws Overview

Where to file in Islandia: Divorce cases are filed in the Supreme Court of the State of New York, County of Suffolk. Family Court may handle related matters like child support or family offense petitions, but the divorce itself is a Supreme Court case.

Residency to file in New York: You can file if any one of several conditions is met, such as continuous New York residency for two years before filing, or one year with certain New York ties like marriage in New York or the marital residence in New York, or if both spouses are New York residents when the case starts and grounds occurred in New York. A service member stationed in New York can sometimes establish residency if they intend to make New York their domicile, but many service members file based on the spouse’s residency.

Grounds for divorce: New York has no-fault divorce for an irretrievable breakdown of the marriage for at least six months. Fault grounds still exist but are rarely necessary.

Servicemembers Civil Relief Act SCRA: Courts must consider stays of proceedings when military service materially affects a service member’s ability to appear. New York courts also require an affidavit of military service before a default judgment. Proper service of process and SCRA compliance are critical when an active duty member is a party.

Custody and deployment in New York: Child custody is determined by the best interests of the child. New York law provides that a parent’s past or possible future deployment cannot be the sole factor in deciding custody or visitation. Courts can issue temporary orders, allow expedited or remote testimony, and create parenting plans that account for deployment and block leave.

Child support in New York: The Child Support Standards Act sets guideline percentages of combined parental income, generally 17 percent for one child, 25 percent for two, 29 percent for three, 31 percent for four, and at least 35 percent for five or more, subject to income caps and adjustments. Courts can consider military pays and allowances, including base pay, BAH, BAS, and special pays, when calculating income. Support can be enforced through wage withholding or DFAS garnishment, subject to federal limits.

Spousal maintenance maintenance: New York uses formulas for temporary maintenance and considers statutory factors for final maintenance. Duration often tracks the length of the marriage. Military income and allowances can influence the calculation.

Equitable distribution: New York divides marital property equitably, not necessarily equally. Marital portions of pensions and retirement benefits earned during the marriage are distributable. New York often uses the Majauskas formula to apportion pensions, which can be applied to military retired pay for the marital share.

Military retired pay and USFSPA: The Uniformed Services Former Spouses Protection Act allows state courts to treat disposable retired pay as marital property. DFAS will make direct payments to a former spouse only if there were at least 10 years of marriage overlapping 10 years of creditable military service the 10-10 rule. A court may still award a share even if the 10-10 rule is not met, but DFAS will not pay it directly. VA disability and certain deductions are excluded from disposable retired pay and cannot be divided. If a retiree waives retired pay to receive VA disability, the divisible amount may be reduced.

Survivor Benefit Plan SBP: To protect a former spouse’s share of retired pay after the service member’s death, the divorce decree must require former spouse SBP coverage, and an election must be made with DFAS within strict deadlines generally within one year. Premiums are paid from retired pay and reduce disposable retired pay.

Thrift Savings Plan TSP: The TSP can be divided by a Retirement Benefits Court Order. This is separate from dividing military retired pay and has its own rules and timelines.

Health care and benefits: Some former spouses may qualify for ongoing TRICARE and certain privileges under the 20-20-20 rule 20 years of marriage, 20 years of service, and 20 years of overlap. Partial benefits may exist under 20-20-15. Others may use the Continued Health Care Benefit Program for temporary coverage. Commissary and exchange privileges and ID card eligibility depend on specific service and overlap durations.

Jurisdiction for custody UCCJEA: New York follows the Uniform Child Custody Jurisdiction and Enforcement Act. The child’s home state usually controls. A short-term deployment generally does not change the home state. Coordination may be needed if another state or country is involved.

Orders for payment: Military divisions require precise order language. For retired pay, DFAS needs a Court Order Acceptable for Processing. For TSP, a Retirement Benefits Court Order is required. For private or civilian plans held by a service member or spouse, a QDRO may be needed.

Frequently Asked Questions

Where do I file for divorce if I live in Islandia and my spouse is active duty?

Most divorces are filed in the Supreme Court of the State of New York, County of Suffolk. You must meet New York’s residency rules. If your spouse is stationed out of state or overseas, proper service and SCRA compliance are required.

Can the case be paused if my spouse is deployed?

Yes. Under the SCRA, a deployed service member can request a stay if military duties materially affect their ability to participate. Courts commonly grant at least a 90 day stay with the required documentation, and may extend it as needed.

How is military retired pay divided in New York?

New York treats the marital share of disposable retired pay as marital property and may use a formula like Majauskas to allocate the portion earned during the marriage. DFAS direct payment requires the 10-10 rule, but the court can still award a share even if direct payment is not available.

What about VA disability pay?

VA disability pay is not divisible as marital property. If the retiree waives retired pay to receive VA disability, the amount of divisible retired pay may decrease. Courts may consider overall financial circumstances when addressing maintenance or support.

Will I lose TRICARE after the divorce?

It depends. A former spouse with 20-20-20 status may keep TRICARE and certain privileges. Under 20-20-15, limited transitional TRICARE may be available. Others may purchase temporary coverage under the Continued Health Care Benefit Program. Eligibility is fact specific.

How are BAH and BAS treated for child support?

New York courts can count BAH, BAS, and other allowances and special pays as income when calculating child support. Support may be enforced through wage withholding or DFAS garnishment within federal limits.

Can deployment be used against a parent in custody decisions?

No. New York law does not allow a court to use a parent’s past or potential future deployment as the sole basis for custody decisions. Courts craft parenting plans that consider the child’s best interests and the realities of military service.

What if we were married less than 10 years?

The court can still divide the marital share of military retired pay, but DFAS will not make direct payments to the former spouse without 10 years of marriage overlapping 10 years of service. The service member would then pay the awarded share directly unless another enforcement method applies.

Do we need a special order to divide benefits?

Yes. Military retired pay requires a Court Order Acceptable for Processing with DFAS. The TSP requires a Retirement Benefits Court Order. Civilian plans may need a QDRO. Precision and timing are critical.

Can mediation work in a military divorce?

Often yes. Mediation can resolve parenting plans, support, and property issues. However, you still need military specific terms addressed in any agreement, including SBP elections, DFAS compliant language, and deployment contingencies.

Additional Resources

Suffolk County Supreme Court Divorce Part - Handles divorce filings for Islandia residents and issues orders related to custody, support, and property division.

New York State Unified Court System - Offers statewide divorce and family law forms, guidelines for child support and maintenance, and court procedures.

Suffolk County Family Court - Addresses child support, custody, visitation, and family offense petitions related to or separate from a divorce.

Suffolk County Bar Association Lawyer Referral - Connects residents with attorneys experienced in military and family law.

Legal Aid Society of Suffolk County - Provides limited civil legal services for eligible individuals in family law matters.

Defense Finance and Accounting Service DFAS Garnishment Operations - Processes court orders for retired pay division, child support, and alimony, and administers SBP elections.

Thrift Savings Plan TSP Service Office - Handles Retirement Benefits Court Orders dividing TSP accounts.

Military OneSource - Offers free confidential consultations, military legal resources, and referrals to installation legal assistance offices.

TRICARE Beneficiary Resources - Explains eligibility, former spouse rules, and the Continued Health Care Benefit Program.

New York State Child Support Enforcement and Suffolk County Child Support Enforcement Bureau - Assists with establishing, modifying, and enforcing child support orders for military and civilian families.

Next Steps

1 - Confirm jurisdiction and residency. Determine whether New York is the proper place to file and whether you meet a residency track. If you are active duty or your spouse is, plan for SCRA compliance early.

2 - Gather documents. Collect LES statements, pay records, PCS orders, points statements for Guard or Reserve, retirement account statements, TSP statements, SBP status, marriage certificate, tax returns, and any existing orders.

3 - Schedule a consultation with a lawyer experienced in military divorce. Ask about property division strategies, SBP elections, child support calculations that include allowances, and custody planning around deployments.

4 - Consider mediation. A mediator with military experience can help craft a workable parenting plan for deployments and resolve property and support issues efficiently.

5 - Protect benefits in writing. If a former spouse SBP election is needed, ensure the judgment requires it and submit the election to DFAS within the deadline. Ensure orders dividing retired pay or TSP meet DFAS and TSP rules.

6 - Plan for parenting during deployment. Propose a schedule that uses virtual contact, liberal time during block leave, and temporary adjustments without harming long term custody rights.

7 - Address support and enforcement. Ensure child support and maintenance orders identify all components of military income. Set up income withholding or DFAS processing as appropriate.

8 - Follow through on filings. File the summons and complaint in Suffolk County Supreme Court, serve properly, and submit the required affidavit of military service if a party is active duty. Track all DFAS and TSP submissions and confirmations.

9 - Review tax and financial impacts. Discuss with counsel and, if needed, a tax professional how SBP premiums, VA disability, and support orders affect taxes and take home pay.

10 - Keep records current. Update addresses with the court and DFAS, monitor LES changes, and promptly address modifications if deployment or income changes materially affect custody or support.

This guide is general information. Military divorce involves complex state and federal rules. Speak with a qualified New York family law attorney for advice about your specific situation in Islandia.