Kansas Divorce Patterns in Military Marriages

Military marriages face unique pressures that civilian couples rarely experience. Deployments, frequent relocations, and the intersection of federal and state laws create circumstances that influence divorce trends in distinct ways. In Kansas, where several military installations such as Fort Riley play a significant role in community life, these issues are especially visible. Understanding Kansas divorce patterns in military marriages requires looking at both the broader national context and the state-specific legal framework that applies to service members and their spouses.

What is Military Divorce in Kansas?

Military divorces share similarities with civilian divorces, but they also include additional rules and complications. Kansas courts follow the state’s family law framework, yet federal laws like the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA) add layers of protection and complexity.

Nationally, studies show that active-duty service members divorce at slightly higher rates than civilians. The stress of military life, deployments, combat-related trauma, and family separation, often contributes to this. In Kansas, however, divorce patterns are somewhat moderated by strong community ties and more stable marriage rates. This means Kansas often reports lower overall divorce numbers than states with transient military populations.

Residency Requirements for Military Families

Before filing for divorce in Kansas, residency must be established. For civilians, this requires 60 days of continuous residence in the state. For service members, Kansas law provides some flexibility:

• A military member stationed in Kansas may file for divorce here, even if their permanent home of record is elsewhere.
• A service member stationed outside Kansas may still file in Kansas if they intend to return after service.
• Spouses of service members may also file in Kansas if they meet the 60-day rule, even if the military spouse is posted elsewhere.

This flexibility ensures that military families connected to Kansas can resolve their legal matters locally without being forced into lengthy jurisdictional disputes.

Federal Laws Shaping Kansas Military Divorces

Military divorces are unique because federal statutes directly influence outcomes. Three laws are particularly important:

Servicemembers Civil Relief Act (SCRA)

SCRA protects service members on active duty from being disadvantaged in legal proceedings. Kansas courts may delay or “stay” a divorce case if military duties prevent a spouse from participating fully. This ensures no default judgment is entered simply because one spouse is deployed.

Uniformed Services Former Spouses’ Protection Act (USFSPA)

The USFSPA allows Kansas courts to treat military retirement pay as marital property, divisible in a divorce. However, payments to a former spouse depend on the 10/10 Rule: the couple must have been married for 10 years while the service member completed at least 10 years of creditable service. Without meeting this rule, a former spouse may still be entitled to a share, but payments must be made directly from the service member, not through military pay systems.

The 20/20/20 Rule

This federal rule grants divorced spouses continued benefits if three conditions are met:

• The marriage lasted 20 years,
• The service member served 20 years, and
• The marriage overlapped with 20 years of service.

Former spouses meeting this standard may retain TRICARE health coverage, commissary privileges, and base access unless they remarry.

Property Division and Military Retirement Benefits

Like all divorces in Kansas, military divorces follow the principle of equitable distribution. This means marital property is divided fairly, though not necessarily equally. Kansas courts consider military pensions and retirement benefits as part of the marital estate if earned during the marriage.

Military Retirement Pay Division in Kansas

• Subject to federal USFSPA rules.
• Courts may award up to 50% of disposable retired pay to the former spouse.
• Survivor Benefit Plan (SBP) elections must be addressed during the divorce.

Additional complexities arise when service members choose between retirement pay and disability pay, since disability benefits cannot be divided as property. However, Kansas courts may still consider disability pay when determining support obligations.

Civilian vs. Military Divorce in Kansas

Child Custody and Support in Military Divorces

Kansas applies the same best interest of the child standard in custody cases for military families as in civilian cases. However, deployments and frequent relocations create unique challenges:

• Courts cannot permanently change custody because of deployment.
• Temporary custody plans can assign care to relatives or trusted family members during absences.
• Virtual visitation and flexible parenting schedules are increasingly used.

Child support in military divorces follows Kansas guidelines but must account for Basic Allowance for Housing (BAH)and other military benefits as part of income. This sometimes leads to disputes over how to calculate a fair support amount.

Spousal Support and Alimony

Spousal support, or alimony, is not automatic in Kansas but may be ordered based on factors such as:

• Length of marriage
• Income differences
• Lifestyle during marriage
• Contributions to the household, including sacrifices made for military service

In military divorces, alimony is influenced by military pay, allowances, and federal protections ensuring payments remain reasonable given the unique financial circumstances of service members.

Stressors of Military Life and Divorce Patterns

Military families face stressors that contribute to unique divorce patterns in Kansas:

• Deployments: Long separations strain relationships.
• Relocations (PCS moves): Frequent moves disrupt employment opportunities for spouses.
• Combat stress & PTSD: Emotional health challenges increase marital strain.
• Community support: Kansas bases provide resources, but not all families utilize them.

Despite these stressors, Kansas shows lower-than-average military divorce rates compared to states with higher transient populations. This suggests stability in Kansas communities plays a protective role.

Divorce Statistics and Patterns in Kansas Military Marriages

Kansas overall has a divorce rate of around 1.9 divorces per 1,000 women aged 15+, which is below the national average of 2.5-3.0. Among military families, the rate is slightly higher due to the demands of service life. However, Kansas often ranks in the lowest five states for overall divorce rates, showing a contrast between civilian and military trends.

Divorce Rates: Kansas vs. Military Communities

These figures show that while military families face more challenges, Kansas still maintains a relatively stable overall divorce profile.

TRICARE, Survivor Benefits, and Base Privileges

Military divorces must address not just pensions but also ongoing benefits. Former spouses may retain access under specific conditions:

• TRICARE: Available under the 20/20/20 or 20/20/15 rule.
• Survivor Benefit Plan (SBP): Must be elected during the divorce to protect the former spouse.
• Base Privileges: Commissary and exchange access continue under the 20/20/20 rule.

Failure to address these benefits during divorce proceedings can result in permanent loss.

The Role of Age and Length of Service

Divorce patterns also shift with age. In Kansas, most divorces occur before age 40. However, military families face unique timing factors:

• Short-term marriages: Often end within the first 10 years due to strain from deployments.
• Longer marriages: More likely to face disputes over pensions and survivor benefits.
• Gray divorce: Increasing among older military couples, though less common in Kansas than in retirement-heavy states.

The duration of marriage often determines what benefits spouses keep after divorce, making it a central factor in Kansas military divorce patterns.

Kansas Courts and Enforcement of Orders

Once a divorce order is issued, Kansas courts enforce compliance. Tools include:

• Income withholding orders for support
• Tax refund intercepts for arrears
• License suspensions for nonpayment
• Contempt of court charges

For military members, enforcement may extend through military channels, since failure to pay support can also lead to disciplinary action under the Uniform Code of Military Justice (UCMJ).

Filing for Military Divorce in Kansas: Step by Step

For spouses considering divorce, the process follows these general steps:

• Confirm residency eligibility under Kansas law or military exceptions.
• File a petition for divorce in district court.
• Address federal protections, including SCRA stays if applicable.
• Exchange financial affidavits with details of military pay and benefits.
• Negotiate custody, support, and property division with attention to USFSPA and benefit rules.
• Attend final hearing and obtain a divorce decree.

Military divorces are rarely quick, but understanding the process helps minimize delays.

Challenges for Military Spouses in Kansas

Non-military spouses often face unique struggles in divorce:

• Loss of TRICARE and base privileges if they don’t meet the 20/20/20 rule.
• Difficulty finding stable employment due to relocations.
• Emotional toll of long separations.
• Limited understanding of how federal laws interact with Kansas courts.

Access to specialized legal help is often essential for fair outcomes.

Final Remarks

Kansas divorce patterns in military marriages reveal both the stability of Kansas family life and the unique strains of military service. While overall divorce rates are low in the state, military couples face higher-than-average stress, leading to more complex proceedings. Federal laws like the SCRA, USFSPA, and the 20/20/20 rule play crucial roles, alongside Kansas courts’ equitable distribution principles.

For service members and spouses alike, understanding these patterns helps prepare for the legal, financial, and emotional realities of divorce in Kansas.

Frequently Asked Questions

1. How does Kansas law handle military pensions in divorce?

Kansas courts divide military pensions as marital property under the USFSPA. A former spouse may be awarded up to 50% of disposable retired pay, depending on the length of marriage and overlap with service.

2. Can a service member delay divorce proceedings in Kansas?

Yes. Under the Servicemembers Civil Relief Act (SCRA), active-duty members can request a stay of proceedings if military duties prevent participation. Kansas courts typically honor this request.

3. What is the 20/20/20 rule in Kansas military divorces?

It is a federal rule that allows a former spouse to keep full benefits (TRICARE, commissary, exchange) if the marriage lasted 20 years, the service member served 20 years, and the periods overlapped for 20 years.

4. Does deployment affect child custody in Kansas?

Deployment cannot permanently change custody. Courts may issue temporary custody adjustments, but once deployment ends, normal custody arrangements resume.

5. Can military spouses in Kansas lose benefits after divorce?

Yes. Unless the 20/20/20 or 20/20/15 rule applies, most military benefits end after divorce. It is crucial to address TRICARE and SBP coverage during proceedings.