Jurisdiction and Filing: One of the first legal implications in a New York military divorce is determining proper jurisdiction. While New York generally requires at least one spouse to be a resident for a minimum of one year before filing, military members can file in New York if they are stationed there, even if it's not their state of legal residence. The Servicemembers Civil Relief Act (SCRA) also allows active-duty military members to postpone divorce proceedings if their duties prevent them from adequately responding to the petition.

Division of Military Pension: The division of a military pension is governed by both New York state law and the federal Uniformed Services Former Spouses' Protection Act (USFSPA). New York, as an equitable distribution state, considers the portion of the pension earned during the marriage as marital property subject to division. The USFSPA allows state courts to treat disposable military retired pay as marital property, but also sets limits on the direct payment of a share of military retired pay to a former spouse.

For the non-military spouse to receive direct payments from the Defense Finance and Accounting Service (DFAS), the couple must have been married for at least 10 years overlapping with 10 years of military service. This is known as the 10/10 rule. However, even if this rule is not met, New York courts can still award a portion of the pension to the non-military spouse, but payment enforcement becomes the responsibility of the former spouse.

Military Benefits and Healthcare: The length of the marriage also affects the non-military spouse's eligibility for continued military benefits post-divorce. Under the 20/20/20 rule, if the marriage lasted at least 20 years, the service member has at least 20 years of creditable service, and there was at least a 20-year overlap, the non-military spouse retains full military benefits, including healthcare and commissary privileges. Variations of this rule (like 20/20/15) provide more limited benefits.

Child Custody and Support: Military service can significantly impact child custody arrangements in New York. The state courts must consider the service member's military obligations when determining custody and visitation schedules. The military also has specific guidelines for child support that may differ from New York state guidelines. In cases where the military formula and state formula produce different amounts, the higher amount typically prevails.

Servicemembers Civil Relief Act (SCRA) Protections: The SCRA provides crucial protections for active-duty service members in divorce proceedings. It allows for stays of proceedings if military duties materially affect the service member's ability to participate. This can delay divorce proceedings, potentially impacting property division, custody arrangements, and support determinations.

Survivor Benefit Plan (SBP): The division of the Survivor Benefit Plan, an annuity program for military retirees, is another important consideration. New York courts can order a service member to maintain the non-military spouse as the SBP beneficiary, ensuring continued financial support in case of the service member's death.

Overseas Deployments and Jurisdiction: For service members stationed overseas, establishing proper jurisdiction for divorce in New York can be challenging. While they may file in New York if it's their state of legal residence, enforcing New York court orders internationally may present difficulties.

In conclusion, military divorces in New York involve a complex interplay of state and federal laws. They require careful consideration of military benefits, pension division, custody arrangements, and protections afforded to service members. Given these complexities, it's often advisable for both parties to seek legal counsel experienced in military divorces to ensure their rights and interests are properly protected throughout the divorce process.