Military benefits are divided based on federal laws, such as the Uniformed Services Former Spouses’ Protection Act (USFSPA), and the length of the marriage during the service member’s active duty.
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Understanding Military Benefits Division in Divorce
Military divorces involve unique considerations due to the interplay of state and federal laws. Benefits such as military retirement pay, healthcare, and access to commissary or exchange privileges may be divided depending on the marriage’s duration and the service member’s active-duty status.
Legal Context for Dividing Military Benefits
The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as divisible property in a divorce. However, the division of benefits depends on specific factors:
Key Factors in Benefit Division:
- The 10/10 Rule:
- A former spouse is eligible for direct payment of their share of military retirement pay if the marriage lasted at least 10 years, overlapping with 10 years of military service.
- Healthcare Benefits:
- The 20/20/20 Rule provides full healthcare benefits to former spouses if:
- The marriage lasted 20 years.
- The service member served 20 years.
- The marriage overlapped the service by at least 20 years.
- The 20/20/20 Rule provides full healthcare benefits to former spouses if:
- Disability Pay:
- VA disability payments are not subject to division but may impact the total retirement pay available for division.
Example Scenario:
A couple married for 12 years, overlapping with 10 years of military service, may result in the non-military spouse receiving a share of retirement pay directly from the Defense Finance and Accounting Service (DFAS).
Steps to Divide Military Benefits in Divorce
- Identify Eligible Benefits:
- Determine whether the marriage meets the criteria for retirement pay, healthcare, or other benefits.
- Draft a Divorce Decree or Order:
- Specify the division of military retirement pay in the court order, ensuring it complies with USFSPA requirements.
- Submit Documents to DFAS:
- Provide the finalized court order to the Defense Finance and Accounting Service for direct payment processing.
- Address Additional Benefits:
- Include agreements for survivor benefits, healthcare eligibility, or other entitlements in the divorce settlement.
- Seek Legal Guidance:
- Work with an attorney to navigate federal and state requirements for dividing military benefits.
How Attorneys Can Help
An experienced family law attorney can:
- Evaluate your eligibility for military retirement and other benefits.
- Draft divorce agreements and QDROs that comply with federal regulations.
- Advocate for fair division of benefits, including retirement pay and healthcare.
- Assist with post-divorce enforcement or modifications of benefit arrangements.
Need Help With Military Benefits in Divorce?
Call (630) 366-1760 to consult with a family law attorney. We’ll help you navigate the complexities of military benefit division and protect your rights in divorce.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
