Military spouses may retain certain benefits after divorce, depending on the length of the marriage, the length of military service, and how much these periods overlap.
>>> Looking for a Military Divorce Attorney in Naperville, IL? Check out this page <<<
Understanding Military Spouse Benefits Post-Divorce
Divorcing a service member can affect a former spouse’s access to military benefits. Federal laws, such as the Uniformed Services Former Spouses’ Protection Act (USFSPA), outline the criteria for retaining benefits. These benefits often depend on the “20/20/20 rule” or the “20/20/15 rule.”
Legal Context for Retaining Military Benefits
The 20/20/20 Rule:
A former spouse may retain full benefits, including TRICARE, commissary, and exchange privileges, if:
- The marriage lasted at least 20 years.
- The service member served at least 20 years in the military.
- The marriage and military service overlapped for at least 20 years.
The 20/20/15 Rule:
A former spouse may retain one year of TRICARE coverage (but not other benefits) if:
- The marriage lasted at least 20 years.
- The service member served at least 20 years.
- The marriage and service overlapped for at least 15 years.
Key Points to Consider:
- Former spouses who remarry lose eligibility for benefits.
- Survivor Benefit Plan (SBP) coverage may be available if designated by the service member.
Example Scenario:
A spouse married to a service member for 22 years, with 22 years of overlapping military service, would retain full military benefits under the 20/20/20 rule.
Steps to Determine Post-Divorce Benefits
- Verify Eligibility
Assess whether the marriage and service meet the criteria under the 20/20/20 or 20/20/15 rule. - Address TRICARE Coverage
Ensure continued healthcare coverage through TRICARE if eligible. - Discuss SBP Designation
Confirm whether the former spouse is designated as a beneficiary under the Survivor Benefit Plan. - Update Legal and Military Records
Reflect the divorce in all relevant military and legal documentation.
How Attorneys Can Help
An attorney experienced in military divorce can:
- Evaluate eligibility for post-divorce benefits under federal and state laws.
- Negotiate the inclusion of specific benefits in the divorce settlement.
- Assist with designating or maintaining SBP coverage.
- Protect your rights during the division of military pensions and assets.
Need Help Navigating Military Spouse Benefits?
Call (630) 366-1760 to consult with a family law attorney experienced in military divorce. We’ll help ensure you understand and protect your rights to benefits.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
