Table of Contents
What is a military spouse entitled to in a divorce?
A spouse is entitled to one year of transitional medical benefits under the 20/20/15 rule, which requires at least twenty years of marriage, at least twenty years of military service, and at least fifteen years of overlap of the marriage and the military service.
What happens if you divorce while in the military?
The SCRA allows the court to delay divorce proceedings for the duration of the spouse’s active duty. If the deployed spouse so chooses, he or she can waive the divorce process postponement. However, in this case, the active duty member should hire an attorney to protect his or her rights during the proceedings.
What is the 20 20 20 rule in military divorce?
With the 20/20/20 rule, a spouse would qualify for medical benefits and commissary and exchange privileges for the remainder of their life (as long as they remain unmarried) if ALL of the following requirements are met: Married for at least 20 years.
Is divorce free with the military?
The general rule of spousal support is that it can’t be more than 60% of the military spouse’s pay. If the couple has been married for less than 10 years, generally the alimony will only be paid for the time that is equal to half the length of the marriage.
Can I keep my military ID after divorce?
Effect of divorce on military benefits You may retain your identification card and continue to receive your commissary, exchange and health care benefits until your divorce is final regardless of whether you meet the 20/20/20 rule.
Does my wife get half of everything?
Nine states (Arizona, California, Louisiana, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin) have what are known as community property laws, which divide marital property equally upon divorce. Marital property is generally defined as all income, property, and debts acquired during the marriage.
What are the rules for divorce in the military?
Additional military rules and situations regarding divorce The Uniformed Services Former Spouse Protection Act:A federal law that provides former, un-remarried spouses of military members with certain benefits, after a certain number of years of marriage.
What are my rights as an Un-remarried 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.
What happens to military housing after a divorce?
Installation housing:You will typically lose installation family housing within 30 days of the service member or other family members moving out due to a divorce. Moving costs:The military may pay the moving expenses of the non-military spouse returning home from an overseas duty station.
How can a military lawyer help with my divorce?
Military Legal Assistance Attorneys are available to help you understand the legal implications of your divorce. A military attorney cannot represent you or your spouse in a family law court but can refer you to a non-government civilian lawyer.