What happens to your military benefits after a divorce?

Any child who is a legal dependent to the service member after divorce will retain full military benefits until age 22 or marriage. All family members retain I.D. privileges, TRICARE, Post Exchange and commissary benefits during a separation.

How many years do you have to be in the military to get a divorce?

So if you are close to 10 years, the parties in a family law action might want to consider stretching out the final divorce date/legal separation date, in order to meet the 10/10 rule. If the service member is ‘active duty’ (the military is their ‘full time’ job), the 10 years is 10 actual years of military service.

Can a military spouse get half of their spouse’s retirement?

For instance, if the military member does 20 years and the spouse was only married to the military member for a total of 5 years, the spouse is not entitled to half of the retirement money. The spouse only can get half of the retirement pay if married the entire 20 year period the military member was in the service.

Can a military spouse file for divorce in another state?

Divorce laws allow service members and their spouses to file for divorce in either the state where the service member is currently stationed, the state where the service member claims legal residency or the state in which the nonmilitary spouse resides. Some things to consider when filing for divorce while living overseas include:

How does military retirement pay work in divorce?

The USFSPA simply allows a state divorce court to treat military retirement pay as property of the military member, or joint property, depending on the laws of that particular state (in other words, if the state law allows division of civilian retirement pay for divorce, it will usually also allow division of military retired pay for divorce).

Can a military spouse get DFAs after divorce?

As indicated, military retirement may be divided by a court regardless of the duration of marriage. But as long as the couple was married for at least 10 years during the member’s career, DFAS will pay the former spouse’s share directly to the former spouse.

When does military service end in a divorce?

The marital share is that acquired during the marriage while in military service. It begins with the wedding or the start of military service, whichever comes later. It ends usually on the date of marital separation or divorce, depending on state law.

What happens to a former spouse in the military?

An un-remarried former spouse may receive medical, commissary, exchange and theater privileges under the Morale, Welfare and Recreation program if he or she meets the requirements of what is known as the 20/20/20 rule: The former spouse was married to the military member for at least 20 years at the time of the divorce, dissolution or annulment.