Military Divorce
Military divorce is a non-legal term used to describe divorce when one or both spouses are active or retired military. Although there are not separate divorce requirements when filing for divorce for military families, some states may make concessions on state residency requirements to divorce for active duty military personnel who wish to file for divorce in the state where they are stationed. Military couples have to go through the same process as civilian couples. However, there are additional issues and rules involved in military divorce.
These factors may make military divorces more complex and take longer to finalize. The Servicemembers Civil Relief Act may make active members of the armed forces delay divorce or have counsel appointed by the court under certain circumstances so they may continue to defend the country. Federal law considers military retirement income marital property. This income may be divided during divorce just like civilian pensions or retirement accounts. State laws may handle military retirement accounts in different ways. If the marriage lasted for more than 10 years and the military spouse has the required amount of service, former spouses may be entitled to receive retirement pay directly from the Defense and Accounting Service office. Under federal law, divorced spouses are not entitled to a portion of the military spouse's disability income.
If a military marriage has lasted 20 years or more, the divorced spouse may still be eligible to receive medical coverage. This is called a "20/20/20" former spouse. That means that the parties were married for at least 20 years, the service member performed at least 20 years of service, and there is at least a 20 year overlap of marriage and military service. The unmarried 20/20/20 former spouse will qualify for both health care through the military health system and full commissary and exchange privileges.
If the former spouse who has employer sponsored medical insurance, they are not eligible for military medical. If their employer plan is optional, the former spouse may decline that insurance and remain eligible. Medical benefits will stop upon remarriage and may never be reinstated. Commissary and exchange privileges can be reinstated if the remarriage ends due to death or divorce.
Since divorce law is governed by state law, it may be helpful to find a family attorney who specializes in family law and is also familiar with military benefits. If your primary attorney isn’t familiar with military benefits, you may want to consider hiring an attorney familiar with military benefits as a consultant for your case. Your state bar association can provide you with a list of family lawyers who can assist you with your family case. It is important to retain a family lawyer who understands both state family law issues as well as military benefits.
If you or someone you know is considering getting a divorce, call one of the experienced family lawyers at The Mace Firm for a consultation.
