Benefits For Divorced Military Spouses - Divorce is complicated, and a military divorce is even more complicated. This guide breaks down what benefits divorced military spouses are entitled to, from health benefits to retirement.
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Benefits For Divorced Military Spouses
Military divorces can be emotionally taxing and are a bit more complicated than civilian divorces. While you are understandably concerned about the benefits you may lose, the employee may be concerned about how the divorce will affect his salary. Military Purse is here to help you break down the benefits a divorced military spouse is entitled to - from medical benefits, pensions, and more.
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There are two general rules for claiming benefits after a divorce – they fall under the 20/20/20 rule and the 10/10 rule.
The 20/20/20 rule for military spouses touches on the benefits a military spouse may be eligible for even though they are no longer dependents of the military. These benefits include:
To keep Tricare coverage, a former (unmarried) military spouse must enroll in Tricare under their own name and Social Security number, not your former married name or former spouse's name.
Similar to the 20/20/20 rule, a military member must serve 20 years, a marriage must last 20 years, but only 15 of those years must overlap with service.
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Under the 20/20/15 requirements, unmarried spouses can receive Tricare benefits for up to one year after the official date of dissolution of the marriage.
If you are divorcing or considering a divorce, now is a good place to note that it is critical to understand the Uniformed Services Former Spouse Protection Act (USFSPA).
Passed in September 1982, this federal law recognizes the rights of courts to administer pensions to a former partner.
The 10/10 rule works by stating that a former spouse can obtain a Defense Financial and Accounting Service (DFAS) subpoena with military pay if:
Msrra: Military Spouses Residency Relief Act • Military Onesource
The 10/10 rule can be confusing to understand. It does not dictate whether an ex-military spouse is eligible to receive a pension check.
For more information on the 10/10 rule or how/when a court decides to divide a military member's pension, click here.
The Post-9/11 GI Bill provides up to $160,000 in student benefits to members of the military or their family members. Let's say the former military spouse is the rightful beneficiary at the time of the divorce and the military member agrees to split benefits. In such a case
Although Tricare for Life is not available to all ex-spouses, they do offer this transitional health insurance to those who have not remarried to bridge the gap between military and civilian health insurance. This program is called the Continuing Health Care Benefit Program. (CHCBP).
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CHCBPs must choose within 60 days of losing Tricare coverage. Former, unmarried military spouses are allowed 36 months of coverage if certain criteria are not met.
Jessica Gettle is a freelance writer, content creator, editor, and aspiring part-time baker. Jessica has a BA in Communication. As a former military member and current military wife, she has a passion for helping military members and learning about the resources available to them. Jessica travels the country and enjoys the adventures that come with military life. When Jessica isn't working or chasing her son around, she's trying out new baking recipes or curling up with a book.
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Editorial Disclosure: Military Wallet's editorial content may include opinions. All opinions are solely those of the author and not those of The Military Wallet website or any advertiser. A military member's pension can be a valuable asset in the event of a divorce, legal separation or divorce.
In 1982, Congress passed the Uniformed Services Ex-Spouses Protection Act, which allows state courts to treat available pensions as the property of the member or, subject to state court rules, as the property of the member and his spouse.
Contrary to popular belief, the law does not contain a "magic formula" for determining the appropriate distribution of pensions. The state court can divide the pension however it wants (according to the laws of that state). All 50 states treat pensions as marital or community property.
A common misconception about pensions is that they can only be distributed if the marriage has lasted at least 10 years. The national court can award part of the pension to the former spouse of the member, even if the marriage lasted less than one year.
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However, for the Ministry of Defense to pay a member's pension directly to a former spouse, the former spouse must have been married to the member for at least 10 years and must have been married for at least 10 years. Overlapping of working years, which is added to the pension.
In addition, if alimony or child support is paid in addition to pension sharing, direct payments will not be made for pension sharing in excess of 50 percent or 65 percent. Disability benefits are not subject to property division, but are subject to garnishment for alimony or alimony.
One very important provision of the USFSPA is that the court must have jurisdiction over the member if the state court is to allow the distribution of the member's pension:
For example, if John Smith is located in Ohio but claims Nebraska as his legal domicile, and his spouse files for divorce in Ohio, the court may divide John's pension unless John consents to the court's jurisdiction.
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In addition to part of the pension, the ex-spouse is entitled to certain benefits if he meets the conditions. Because benefits are legal rights, they are automatic and not subject to negotiation or variance by the divorce court, and the member cannot confiscate a spouse's ID card or otherwise suspend spousal benefits.
A former spouse will retain all benefits and privileges, including health, commissary, transfers, if married to the member for at least 20 years, if the member has at least 20 years of honorable service and has had at least 20 years of service. . Overlap between marriage and work.
If the overlap is less than 20 but at least 15 years, the ex-spouse is only entitled to one year of transitional health benefits. The ex-spouse is enrolled in an employer-sponsored health care plan, and health benefits are suspended and terminated when the ex-spouse remarries.
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