How Are Benefits Addressed in Military Divorces?

 Posted on June 29, 2023 in Divorce

According to national statistics, the divorce rate among the military is almost double that of any other profession, at approximately 3.09 percent. It is even higher for female members, at more than 4.50 percent. Although any divorce can be complex, military divorce is even more so because of the types of benefits that may be involved, as well as issues with parenting time. This is why it is important to speak with a divorce attorney if you are considering ending your marriage.

Military Benefits

Qualifying for military benefits after a divorce depends on several factors, including the length of the marriage, the duration of the military service, and specific regulations outlined by the Uniformed Services Former Spouses' Protection Act (USFSPA).

If you were married to a service member for at least 20 years overlapping with their military service, and their service includes at least 20 years of creditable service for retirement, you may be eligible for certain benefits. This is often referred to as the "20/20/20 rule" under the USFSPA. These benefits could include medical coverage through the Department of Defense (DoD) healthcare system, commissary and exchange privileges, and access to other military facilities.

If you were married for at least 20 years but your former spouse had less than 20 years of military service, you may still be eligible for a transitional healthcare benefit known as the Continued Health Care Benefit Program (CHCBP). This program allows you to maintain coverage under the DoD healthcare system for up to 36 months after the divorce.

For marriages that lasted less than 20 years, you may still be eligible for certain benefits, but the duration of eligibility will vary. The USFSPA authorizes state courts to distribute military retirement pay as part of the divorce settlement.

It is essential to ensure that the terms of your divorce settlement are compliant with the USFSPA and properly address military benefits. The Defense Finance and Accounting Service (DFAS) plays a significant role in implementing court-ordered division of military retirement pay. They can provide specific information and guidance regarding the division and distribution of military benefits after a divorce.

Working with a Qualified Illinois Divorce Lawyer

If you have decided to end your marriage and either you or your spouse are in the military, make sure you have a dedicated Schaumburg divorce attorney protecting your rights and entitlements. Call A. Traub & Associates today at 630-426-0196 to schedule a confidential consultation.

Sources:

https://www.lendingtree.com/personal/divorce-rate-jobs-occupations-study/

https://www.military.com/spouse/relationships/ms-vicki-explaining-the-20-20-20-rule-in-military-divorce.html

https://themilitarywallet.com/divorced-military-spouse-benefits/