Military spouse benefits after a divorce

Child and spousal support, Divorce

Military spouse benefits are one of the more complicated areas to discuss when considering a divorce. If you are a future military retiree, a current military retiree, or a spouse or former spouse seeking advice on this topic, here is some basic information you should know.

When getting divorced in California with potential military benefits on the table, it is a very good idea to seek experienced legal advice so you know how to proceed, and to understand the impact the divorce will have on you and your family.

In fact, it is imperative to engage the services of a divorce attorney for military members and spouses in San Diego or the surrounding areas, as they will understand the details of family law as well as how it pertains to military spouse benefits after divorce. 

The issues to look at include

How legal separation vs. divorce impacts military benefits 

In case of a legal separation judgment, the military recognizes that the parties are still married and therefore benefits will continue to the non-military spouse

Medical benefits when divorce is complete 

Medical benefits cannot be continued after a divorce but the former spouse can get post-divorce medical coverage very similar to COBRA benefits under the Continued Health Care Benefit Program (CHCBP) for up to three years. To receive this benefit, the former spouse must pay for the monthly premium himself or herself. 

If the former spouse also gets some of the member’s retirement pay or is the beneficiary of a Survivor Benefit Program (SBP), this coverage could continue for life, but it can be expensive. You may also want to look into the Uniformed Services Former Spouse Protection Act for other potential benefits and coverage.   

Survivor benefit program (SBP) 

The SBP provides, for a lifetime, income for a surviving spouse in case of the death of a retired service member. The premiums vary and are elected during the retirement paperwork phase. If the surviving spouse remarries before age 55, the benefits will stop, but if they marry again after age 55 they will continue for life.  

Military retirement benefits 

Military retirement benefits accrue based on service members retiring with 20 or more years of service, with a multiplier based on that service and the last three years of pay. The former spouse can receive a portion of these benefits depending on whether there is what’s called a 20/20/20 or a 20/20/15 benefit, and continued health insurance benefits under Tricare are paid according to the length of marriage and service.  

Savings plans, such as the federal Thrift Savings Plan (TSP) 

This savings plan is very much like a public version of a 401K and provides similar benefits. 

No right to any portion of VA Disability 

If a service member is retired due to medical disability, this is not an asset that is divisible in a divorce and the former spouse cannot reach this benefit for any reason. 

Family housing 

Questions can also arise around the issue of the military Basic Allowance for Housing (BAH). The former spouse can remain in family housing only so long as they are not divorced. After the divorce, that party must vacate family housing.

ID cards for children 

Another aspect of military family law is child care coverage and benefits. Minor children of the service member and former spouse still retain their military I.D. cards and access to on-base facilities and benefits, including housing, and thus this is one benefit that can accrue to a former spouse. The parent/former spouse can reside in housing with the children who have their I.D. and the right to live in military housing.

It is important to discuss all these topics with the military spouse divorce attorneys you retain to help guide you through the dissolution of your marriage. Military family law can be complex when it comes to divorce, but an experienced attorney will be the key to getting through the process.

A Certified Family Law Specialist, or CFLS, is an attorney who has obtained certification in the standards of California family law and demonstrated optimal legal competence. Attorneys who obtain this certification have specific expertise in all aspects of family law, which includes divorce or the dissolution of marriagechild and spousal support, child custody, and temporary restraining orders, among other areas of emphasis.

Not every attorney practicing family law has obtained this certification. In fact, the designation remains relatively rare—there are fewer than 2,000 CFLS attorneys in California and fewer than 200 in San Diego.

When you work with JWB Family Law, you can rest assured that your personal family situation and concerns are being handled by a team that has the specialization and expertise you need to bring your issues to resolution.

Categories

Connect With Us

            

Contact

San Diego Office
1620 Fifth Avenue, Suite 600
San Diego, CA 92101

Phone: 619.234.6123

Temecula Office
43537 Ridge Park Dr, Suite 100
Temecula, CA 92590
Phone: 951.297.3871

El Centro Office
300 S Imperial Ave, #10
El Centro, CA 92243
Phone: 760.460.4608

            

Domestic Violence Restraining Orders

A domestic violence restraining order is issued by the court and serves to protect someone from physical harm, continued mistreatment, or the threat of abuse. Such orders are often issued to family members or a member of the household. However, they can be filed...

Important Information on Child Custody

When it comes to family law, child custody is one of the most sensitive and emotionally charged issues. Deciding who will have legal and physical custody of a child can be challenging for everyone involved. It's a complicated process that requires careful...

What You Should Know About Military Retirement Pay

In a United States Supreme Court case, Hisquierdo v. Hisquierdo, the Court noted that federal employee deferred compensation benefits may be governed by federal law when applying conflicting state laws related to community property, so as to prevent “major damage” to...

The Link Between Domestic Violence and Child Custody

Domestic violence can include physical, verbal, emotional, sexual, and psychological actions. Other actions, such as threats or coercive behavior can also be considered domestic violence. Without a knowledgeable domestic violence attorney, it can sometimes be...

October Is Domestic Violence Awareness Month

In October of 1987, Domestic Violence Awareness Month was launched nationwide by the National Coalition for Domestic Violence to generate awareness for domestic violence issues and to connect individuals and organizations that work to combat domestic violence and to...

What Cat Ears Have to Do With Divorce

Quite a bit, as it turns out, and it has nothing to do with how you feel about felines. A study from researchers at the University of Washington shows divorce filings peak at two distinct times of the year – March and August....

FL-150 Forms – What you need to know

A frustrating but mandatory part of the divorce process in California is completing financial disclosure forms. One of these forms is the Income and Expense Declaration (FL-150), which requires both the Petitioner and Respondent to detail their earnings and spending. ...

Who gets inheritance money after a divorce?

Here are examples of community property and separate property:

Child custody schedule options and examples

When you are in a proceeding to decide how to share the custody and visitation of your children, many decisions must be made by you and the other parent on how you will co-parent your minor children. If you are unable to reach an agreement, the court will make a...

What’s worth fighting for in a divorce?

Here are examples of community property and separate property: