What is a Military Spouse Entitled to in a Divorce?  

What is a Military Spouse Entitled to in a Divorce?  

Divorce can be a challenging process for any couple, but it can be especially complex for military families. Navigating the legal intricacies of military divorce requires an understanding of both state and federal laws. If you are a military spouse facing divorce, it’s crucial to know your rights and entitlements. This blog post by Alexander & Associates, Attorneys at Law, will guide you through what a military spouse is entitled to in a divorce.

Understanding Military Divorce  

Military divorces are governed by both state laws and specific federal statutes that address the unique circumstances of military service members and their families. The Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA) are two key pieces of legislation that influence military divorces.

Entitlements of a Military Spouse  

1. Division of Military Retirement Pay:

• • Under the USFSPA, state courts can treat military retirement pay as marital property, subject to division between spouses. This means that a military spouse may be entitled to a portion of the service member’s retirement benefits. The 10/10 rule is a common benchmark: if the marriage lasted at least 10 years overlapping with 10 years of military service, the Defense Finance and Accounting Service (DFAS) can directly pay the former spouse their share of retirement pay.

2. Healthcare Benefits:

• • Tricare, the military health insurance program, can extend benefits to former spouses under certain conditions. If the marriage lasted at least 20 years, with 20 years of military service overlapping (the 20/20/20 rule), the former spouse may retain full Tricare benefits. For marriages that meet the 20/20/15 rule (20 years of marriage and 15 years overlapping military service), the former spouse may be eligible for Tricare benefits for a limited time post-divorce.

3. Base Privileges:

• • Commissary, exchange, and other base privileges can continue for former spouses who meet the 20/20/20 rule. These benefits are particularly valuable for maintaining a level of normalcy and financial savings post-divorce.

4. Child Support and Alimony:

• • Military divorce proceedings consider the service member’s Basic Allowance for Housing (BAH) and other entitlements when calculating child support and alimony. Courts will look at the total income of the service member, ensuring fair support for the spouse and children. Other consideration factors include the length of the marriage, financial needs of both spouses, the dependent spouse’s level of education, and the health and age of each spouse. Generally, if the couple is married for less than ten years, alimony will only be paid for the time that is equal to half of the length of the marriage.

5. Survivor Benefit Plan (SBP):

• • A military spouse may be entitled to coverage under the Survivor Benefit Plan, which provides continued income to a designated beneficiary in the event of the service member’s death. This benefit must be specifically addressed and elected during the divorce proceedings.

Additional Considerations  

1. Jurisdiction Issues:

• • Determining which state has jurisdiction over a military divorce can be complicated due to frequent relocations. Generally, the state where the service member is stationed, the state of legal residence, or the state where the spouse resides can have jurisdiction.

2. Deployment and SCRA Protections:

• • The SCRA provides protections for service members against default judgments and allows for the stay of proceedings during active duty deployments. This can impact the timeline and progression of divorce proceedings.

Seeking Legal Assistance  

Given the complexity of military divorces, it is essential to work with an attorney who has experience in this area. At Alexander & Associates, Attorneys at Law, we understand the unique challenges faced by military families and are dedicated to protecting your rights and interests. Our team can help you navigate the legal process, ensuring you receive the entitlements you deserve.

Conclusion  

Divorce is never easy, but understanding your entitlements as a military spouse can provide some clarity and security during this challenging time. From retirement pay and healthcare benefits to child support and survivor benefits, knowing your rights can make a significant difference in your post-divorce life. Contact Alexander & Associates, Attorneys at Law, today for expert guidance and representation in your military divorce. We are here to help you through every step of the process.