If you and your spouse have decided to end your marriage, be aware that military divorce has special considerations. Read on to learn more.
As a service member, you have access to several resources that can provide the information and guidance you need to navigate a divorce, including:
Consider these resources as a starting point. Chances are, they can provide several more options for you to get the help you need. Just ask.
The short answer is yes and no. The military's Judge Advocate General (JAG) Corps provides free support for service members going through a divorce. However, JAG can't represent you in court. That's why you should consider hiring an experienced divorce attorney.
In general, the benefits of the civilian spouse in a military divorce are governed through the Uniformed Services Former Spouse Protection Act, or USFSPA. See note 1 State divorce laws govern the process — getting divorced in Hawaii might look different than getting divorced in Alabama — but some federal statutes apply.
When it comes to military retirement pay, for example, the USFSPA recognizes the right of states to distribute military retirement pay between the spouse in accordance with their laws. That means the USFSPA doesn't guarantee or entitle a former spouse to a portion of the military member's military retirement. This is awarded through the state court system as part of the final divorce order.
Reading through the USFSPA and through individual state laws can quickly become confusing. If you feel lost, it makes sense to seek out a divorce attorney that you trust and who is experienced with military divorces.
When couples go through a divorce, they have to divide marital property according to state laws. Military divorce cases, however, are different, even though they're governed by state laws.
Here's how the 10/10, 20/20/20 and 20/20/15 rules may impact you and your spouse:
The 10/10 Rule states that if you were married at least 10 years and your spouse performed 10 years of military service, then you'll receive any awarded military retirement directly from Defense Finance Accounting Service or DFAS. This rule is often misunderstood. It doesn't determine if you are entitled to a portion of military retirement benefits. It only impacts how you are paid if a portion is awarded to you through the divorce order.
The 20/20/20 Rule states that an un-remarried former spouse may be eligible for certain benefits and privileges, like health care, commissary and exchange access. To access these privileges, the former spouse must meet the following "20/20/20" criteria:
The 20/20/15 Rule states that if the marriage lasted at least 20 years, the service member has 20 years of creditable service, and the marriage overlapped the military member's period of service at least 15 years, then the former spouse is eligible only for TRICARE medical for one year, not the other privileges offered under the 20/20/20 rule.
Note: In every case, the USFSPA recognizes the right of states to distribute military retirement in accordance with their laws.
The Servicemembers Civil Relief Act, or SCRA, provides some protections for military members who are going through a divorce.
These are just two examples of how SCRA can help. Learn more about additional protections you may be entitled to through SCRA. See note 1
In the midst of a military divorce, civilian spouses are often concerned about whether they'll have access to family housing after the divorce. Typically, the former spouse loses access to family housing 30 days after the service member moves out due to the divorce.
If you're a civilian spouse who's separating from a military member, you shouldn't expect to receive Basic Allowance for Housing (BAH).
If you're the military member, your BAH could change based on your individual situation. Here are two examples:
When the divorce is final, you'll begin receiving single BAH. You may even lose BAH if your installation requires single individuals of your rank to live in military dorms.
Unless you qualify under the 20/20/20 or 20/20/15 rules, the civilian ex-spouse typically loses access to TRICARE when the divorce is finalized. However, you may be eligible to purchase up to 36 months of coverage through the Department of Defense Continued Health Care Benefit Program.
Of course, you may be able to find cheaper options. Check out these 5 steps to shopping for health insurance that's right for you.
If the divorce happens overseas, the military may cover the moving expenses of the nonmilitary spouse moving back to the United States. Other moving costs are typically negotiated as part of the divorce settlement.
Divorce takes an emotional toll on both spouses and brings the stress of financial uncertainty.
Now is the time to look closely at your finances and get back to the basics.
Once you have this foundation in place, you can begin to set goals for the future and the next chapter in your life.
Check out USAA's divorce and finances page for more advice and resources.
