Written by attorney Rixon Charles Rafter III

The USFSPA Permits Divorced Military Spouses to Retain Base, Commissary, PX and TriCare Privileges

The Uniformed Services Former Spouse Protection Act (USFSPA) permits former spouses to continue receiving commissary, exchange, and health care benefits after a divorce in certain cases.

In order to qualify for continued benefits a former spouse must show that the service member served at least 20 years of creditable service, that the marriage lasted at least 20 years and that the period of the marriage overlapped the period of service by at least 20 years.

A former spouse who meets these requirements is entitled to full commissary, exchange and health care benefits including TRICARE and inpatient and out-patient care at a military treatment facility (MTF).

Former spouses who do not meet these requirements lose their commissary and exchange privileges once the divorce is final.

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