9 questions if you're going through a military divorce
If you and your spouse have decided to end your marriage, be aware that military divorce has special considerations. Read on to learn more.
It's no secret that the military lifestyle is difficult for service members and their families. Frequent travel and demanding jobs can add stress to any marriage, but when "travel" is a nine-month deployment and "stress" means fighting in a combat zone, marriage can start to feel like a pressure cooker.
If you and your spouse have decided to end your marriage, be aware that military divorce has special considerations. Read on for nine questions to ask yourself as you prepare for this chapter.
- Where can I find help?
- Will the military provide a lawyer during the divorce?
- Does a military spouse keep benefits after divorce?
- What are the 10/10, 20/20/20 and 20/20/15 rules?
- How can SCRA help me?
- How are my BAH benefits affected?
- When do I lose TRICARE benefits?
- What about moving costs?
- How can I regain my financial footing?
1. Where can I find help?
As a service member, you have access to several resources that can provide the information and guidance you need to navigate a divorce, including:
- Military programs. Explore the confidential, nonmedical counseling offered through Military OneSource.See note1 You can also connect with a military chaplain.
- Nonprofit organizations. Search online for local nonprofits that provide marriage support or counseling. Some of these organizations have a religious affiliation.
Consider these resources as a starting point. Chances are, they can provide several more options for you to get the help you need. Just ask.
2. Will the military provide a lawyer during the divorce?
The short answer is yes and no. The military's Judge Advocate General (JAG) Corps provides free support for service members going through a divorce. However, JAG can't represent you in court. That's why you should consider hiring an experienced divorce attorney.
3. Does a military spouse keep benefits after divorce?
In general, the benefits of the civilian spouse in a military divorce are governed through the Uniformed Services Former Spouse Protection Act, or USFSPA.See note1 State divorce laws govern the process — getting divorced in Hawaii might look different than getting divorced in Alabama — but some federal statutes apply.
When it comes to military retirement pay, for example, the USFSPA recognizes the right of states to distribute military retirement pay between the spouse in accordance with their laws. That means the USFSPA doesn't guarantee or entitle a former spouse to a portion of the military member's military retirement. This is awarded through the state court system as part of the final divorce order.
Reading through the USFSPA and through individual state laws can quickly become confusing. If you feel lost, it makes sense to seek out a divorce attorney that you trust and who is experienced with military divorces.
4. What are the 10/10, 20/20/20 and 20/20/15 rules?
When couples go through a divorce, they have to divide marital property according to state laws. Military divorce cases, however, are different, even though they're governed by state laws.
Here's how the 10/10, 20/20/20 and 20/20/15 rules may impact you and your spouse:
The 10/10 Rule
The 10/10 Rule states that if you were married at least 10 years and your spouse performed 10 years of military service, then you'll receive any awarded military retirement directly from Defense Finance Accounting Service or DFAS. This rule is often misunderstood. It doesn't determine if you are entitled to a portion of military retirement benefits. It only impacts how you are paid if a portion is awarded to you through the divorce order.
The 20/20/20 Rule
The 20/20/20 Rule states that an un-remarried former spouse may be eligible for certain benefits and privileges, like health care, commissary and exchange access. To access these privileges, the former spouse must meet the following "20/20/20" criteria:
- First 20: The former spouse must have been married to the military member for at least 20 years at the time of divorce.
- Second 20: The military member performed at least 20 years of retirement-creditable service.
- Third 20: The former spouse was married to the military member during at least 20 years of the member's retirement-creditable service.
The 20/20/15 Rule
The 20/20/15 Rule states that if the marriage lasted at least 20 years, the service member has 20 years of creditable service, and the marriage overlapped the military member's period of service at least 15 years, then the former spouse is eligible only for TRICARE medical for one year, not the other privileges offered under the 20/20/20 rule.
Note: In every case, the USFSPA recognizes the right of states to distribute military retirement in accordance with their laws.
5. How can SCRA help me?
The Servicemembers Civil Relief Act, or SCRA, provides some protections for military members who are going through a divorce.
- If the divorce occurs while the member is on active duty, SCRA includes stipulations on how retirement pay may be divided.
- SCRA provides protections for the military member to delay divorce proceedings when they can't attend due to their military service obligations. This also applies to National Guard and Reserve members called to active duty. SCRA provides military members with the ability to request a "stay" for up to 90 days if their military duties prevent them from attending court proceedings. The court can authorize additional "stays" but they aren't guaranteed.
These are just two examples of how SCRA can help. Learn more about additional protections you may be entitled to through SCRA.See note1
6. How are my BAH benefits affected?
In the midst of a military divorce, civilian spouses are often concerned about whether they'll have access to family housing after the divorce. Typically, the former spouse loses access to family housing 30 days after the service member moves out due to the divorce.
If you're a civilian spouse who's separating from a military member, you shouldn't expect to receive Basic Allowance for Housing (BAH).
If you're the military member, your BAH could change based on your individual situation. Here are two examples:
You're now single with no children.
When the divorce is final, you'll begin receiving single BAH. You may even lose BAH if your installation requires single individuals of your rank to live in military dorms.
You're now single with dependent children.
- If you have custody of your children, then you should continue to receive BAH with the dependent rate.
- If you don't have custody of your children but are required to pay child support, you should receive BAH-Differential. BAH-Diff is given to a military member who is assigned single-type quarters but must make child support payments. Note that there are scenarios in which you might not receive BAH-Diff. Talk with your military benefits personnel if you think you're entitled to BAH-Diff.
7. When do I lose TRICARE benefits?
Unless you qualify under the 20/20/20 or 20/20/15 rules, the civilian ex-spouse typically loses access to TRICARE when the divorce is finalized. However, you may be eligible to purchase up to 36 months of coverage through the Department of Defense Continued Health Care Benefit Program.
Of course, you may be able to find cheaper options. Check out these 5 steps to shopping for health insurance that's right for you.
8. What about moving costs?
If the divorce happens overseas, the military may cover the moving expenses of the nonmilitary spouse moving back to the United States. Other moving costs are typically negotiated as part of the divorce settlement.
9. How can I regain my financial footing?
Divorce takes an emotional toll on both spouses and brings the stress of financial uncertainty.
Now is the time to look closely at your finances and get back to the basics.
- Take action to plan for your new income and expenses associated with your new lifestyle by creating a budget.
- Set aside three to six months' worth of essential living expenses in an emergency fund.
- Ensure you have protections in place, including:
Once you have this foundation in place, you can begin to set goals for the future and the next chapter in your life.