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Military Families in South Carolina

Military retired pay, VA disability, SBP, BAH and deployment — the federal rules layered on top of South Carolina family law.

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White paper Chapter 61 Disability Retirement, CRDP, and Divorce: A Recent DoD Reversal That Restores What Many Military Spouses Lost The Department of Defense's February 2026 revision to its Financial Management Regulation materially changes the division of military retired pay for Chapter 61... FAQ Military Divorce — Frequently Asked Questions Answers to the most common questions our clients ask about military divorce and custody cases in South Carolina. Columbia is home to Fort Jackson, and our firm has... Video Military Divorce & Custody: Common Issues in South Carolina Columbia, SC Divorce Attorney Nick Mermiges discusses the most common issues unique to military divorce and custody cases in South Carolina, including military...

Answered questions

What if my spouse is in the military? Military pensions can be divided as part of equitable distribution. The non-military spouse is typically entitled to 50% of the “marital... Divorce FAQs What if my spouse is in the military? Military pensions can be divided as part of equitable distribution. The non-military spouse is typically entitled to 50% of the “marital... Military Divorce FAQs What is the 10/10 rule? Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), if the marriage overlapped with at least 10 years of creditable military... Military Divorce FAQs Can my spouse's VA disability pay be divided? No. VA disability compensation is exempt from division as property under federal law. However, if a service member waives a portion of their retirement pay... Military Divorce FAQs What if my spouse is being medically retired under Chapter 61 — is the pension still divisible? Until February 2026 this was one of the most uncertain areas of military divorce law, and for a stretch of roughly three years it was a serious problem for... Military Divorce FAQs Does my spouse's BAH count as income for child support? Yes. Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are included in gross income for purposes of calculating child support... Military Divorce FAQs What protections does the Servicemembers Civil Relief Act provide? The SCRA allows active duty service members to request a stay (postponement) of civil proceedings, including divorce, if military duty materially affects... Military Divorce FAQs Can my former spouse keep Tricare after the divorce? A former spouse can retain full Tricare benefits if the marriage lasted at least 20 years, the service member had at least 20 years of creditable service,... Military Divorce FAQs How does a PCS order affect custody? A Permanent Change of Station (PCS) order that requires a service member to relocate can trigger a custody modification. South Carolina courts evaluate... Military Divorce FAQs

Other topics:Child CustodyDivorceProperty DivisionAlimony & Child SupportModification & EnforcementDiscovery & EvidenceFamily Court Procedure

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