Military Divorce Attorneys in Columbia, SC

Military divorce cases involve legal issues that ordinary divorces do not. Attorney Nick Mermiges has substantial experience handling military divorce and custody cases for service members stationed at Fort Jackson and throughout South Carolina. He understands the specific challenges that military families face during divorce, including issues of military retirement and pension division, PCS orders affecting custody, and the calculation of child support when military allowances and benefits are involved.

Columbia, South Carolina is home to Fort Jackson, one of the largest military installations in the United States. Many of our clients are active duty service members, veterans, or military spouses who need an attorney who understands the intersection of military regulations and South Carolina family law.

What makes a military divorce different

A military retirement is treated like any other retirement account: the portion accrued during the marriage is marital property, and the family court can award the non-military spouse a fair share of that marital portion. The frequently misunderstood “10/10 rule” is not a South Carolina family court requirement — it is a rule set by the Defense Finance and Accounting Service. If there are at least 10 years of military service during the marriage, DFAS pays the spouse’s share directly; with fewer than 10 years, the spouse is still entitled to their share, and the court simply orders the service member to pay it.

An example: if you were married for 8 years of a 20-year military career, you were married during 40 percent of the service. The spouse’s share is half of that marital portion — 20 percent of the total retirement. On a $2,500-per-month retirement, that is $500 per month for as long as the service member lives. Guard retirements work differently — they are based on points rather than service years, and the attorney must know how to obtain the records and calculate the correct fractional share.

Military disability is not divisible: a court cannot award a portion of a disability check to an ex-spouse, though disability income is considered as income for alimony and child support. And service members rotating through South Carolina can generally file for divorce here — there is a specific statutory provision addressing residency for military families.

For more information, watch Attorney Nick Mermiges’ informational video on common issues in military divorce and custody cases in South Carolina. See also the military divorce FAQ.

Issues our military divorce practice addresses

• Military Pension Division: Division of military retirement pay under the Uniformed Services Former Spouses’ Protection Act (USFSPA), including the 10/10 rule for direct payment from DFAS and proper calculation of the marital share of disposable retired pay.
• Thrift Savings Plan (TSP) Division: Proper division of TSP accounts through retirement benefits court orders, including both traditional and Roth TSP balances.
• Servicemembers Civil Relief Act (SCRA): Protections available to active duty service members, including the right to request a stay of proceedings during active duty service and deployment.
• Tricare Health Insurance: Continuation of Tricare coverage for former spouses under the 20/20/20 and 20/20/15 rules.
• BAH and Military Allowances: How Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), and other military pay and allowances factor into child support and alimony calculations.
• Military Custody Issues: Addressing PCS (Permanent Change of Station) orders, deployment schedules, and Family Care Plans in the context of custody and visitation.
• VA Disability Pay: Understanding the distinction between VA disability compensation and military retirement pay, and how this affects equitable distribution.
• Jurisdiction Issues: Determining proper jurisdiction when one spouse is stationed in South Carolina but claims domicile in another state.

Chapter 61 medical retirement and CRDP: a major recent change

For spouses of medically retired service members, one of the most uncertain areas of military divorce law changed in February 2026: the Department of Defense now expressly recognizes that Chapter 61 retired pay paid concurrently with VA disability compensation (CRDP) is divisible disposable retired pay under the USFSPA — reversing the position DFAS had taken since 2023. If your spouse was, or will be, medically retired after a long career, this development may restore access to a substantial marital asset. Read Nick’s article: Chapter 61 Disability Retirement, CRDP, and Divorce.

Custody and deployment

A deployed parent cannot exercise a standard every-other-weekend schedule, so military custody orders have to be built differently: longer blocks of parenting time (six consecutive weeks in the summer, every spring break instead of alternating), specific requirements for video calls and phone contact, and automatic provisions that revert to a standard schedule when the service member returns stateside — without requiring a new court filing. A well-drafted order also requires the primary parent to cooperate with passport paperwork so the children can visit a parent stationed abroad. Because Guard and Reserve activations can temporarily raise income, support obligations should not be set on the assumption that active-duty income will continue permanently.

If you are a service member or military spouse facing divorce, call (803) 587-0472 or email Nick@NDMLaw.com to schedule a consultation.