A military divorce involves those individuals who either are currently in or who have retired from the military. The primary issues of military divorces focus around military retirement, TRICARE health care benefits for the former spouse and dependent children, ID cards for dependents and other military benefits.
MILITARY RETIREMENT: Military Retirement is governed by the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. ?1408. What this says is that military retirement is to be treated as a division of property by the states. As a general rule, a spouse is entitled to one half of the service member's military retirement for each year spent together. 10/10 Rule: the Law states that after ten years of marriage overlapping ten years of active military service the former spouse is paid her benefits directly from DFAS (the Defense Finance and Accounting Service). Unless there is a ten year overlap, the payments have to come directly from the service member. 20/20/20 Spouse: the Law states that after twenty years of marriage overlapping twenty years of active military service the former spouse is entitled to keep her TRICARE for life benefits as well as all other military benefits after the divorce so long as the former spouse does not remarry.
Support of Dependents
SUPPORT OF DEPENDENTS: Another aspect of a military divorce is what support should the service member pay in the absence of a support agreement or court order. In this case, each branch of service has published regulations that require the support of dependents. The support can be either be a percentage of the housing allowance as in the Army or a percentage of gross pay as in the Navy.
Call An Experienced Lawyer
In finding an attorney for a military divorce you should focus on those attorneys who have military experience. I always say that most lawyers think COLA is something you drink because they do not know the difference. In many cases the clients loose huge benefits because their lawyers just don't know what to ask for. In this case, experience matters.