THE TRUSTED, WELCOMING, ETHICAL LAW FIRM YOU NEED

Understanding how divorce affects military benefits

On Behalf of | Apr 25, 2024 | Military Family Law |

Divorce can bring about major changes, particularly for military families. It is important to comprehend how this legal process affects various benefits many service members and their spouses come to rely on.

Divorce can alter the benefits landscape from health care to retirement, requiring careful navigation through the complexities of military life.

Health care benefits

Health care coverage is often a primary concern in a military divorce. The Uniformed Services Former Spouse Protection Act allows former spouses to retain certain military benefits, including health care, under specific conditions. However, eligibility criteria and the extent of coverage may vary based on the duration of the marriage and the service member’s status.

Retirement benefits

Military pensions are often a major asset subject to division during divorce proceedings. The 10/10 rule, which states that the marriage must have overlapped with at least ten years of military service for the ex-spouse to receive direct payments from the Defense Finance and Accounting Service, plays a key role. Understanding the implications of this rule helps ensure fair distribution of retirement benefits.

Housing benefits

For military families, housing allowances contribute to their financial stability. Divorce can impact these benefits. This is particularly true if the former spouse resided in military housing. Clarity about entitlements post-divorce can help people avoid any disruptions in housing arrangements.

Child support and maintenance

Divorce settlements often include provisions for child support and spousal maintenance. Military regulations provide guidelines for calculating support payments, considering factors such as income and dependents.

Understanding how a divorce affects military benefits helps military families mitigate the potential impact of divorce on their benefits and transition into the next chapter of their lives.