When a military member divorces, the process is significantly more complicated than it is when two civilians divorce. The very nature of military work means that a 50/50 custody split may be impossible, and losing the benefits of military life—including housing and health care—often put a significant burden on the non-military spouse. However, the military member also stands to lose a lot in a divorce—so both parties should know what their rights are and get the legal support they need.
In this blog, we are highlighting our Greenwich office, which is one of five convenient locations. Understanding how military pensions and benefits are handled in a divorce can be a challenging and intricate process. At McConnell Family Law Group, our experienced Greenwich military divorce lawyers are well-versed in navigating the complexities of military divorces. We are committed to helping military personnel and their spouses secure their rightful entitlements for a fair and equitable division of assets. Contact us at (203) 541-5520 to schedule a consultation and let us assist you in achieving a favorable resolution.
How Long Do You Have To Be Married To Get Military Benefits After Divorce
The 20/20/20 rule is a crucial factor in military divorce cases, as it dictates the benefits and entitlements of the non-military spouse. To meet the criteria of this rule, several specific conditions must be fulfilled:
- The marriage should have lasted for no less than 20 years
- The military spouse must have completed a minimum of 20 years of military service.
- The duration of the marriage must overlap with at least 20 years of the military spouse’s service.
When these criteria are satisfied, the civilian spouse becomes entitled to lifelong benefits equivalent to those of the military spouse, such as Tricare coverage, commissary and exchange privileges, and a share of the military spouse’s retirement pay. However, it’s important to note that these benefits will be forfeited upon remarriage.
In instances where a marriage doesn’t meet the 20/20/20 rule but lasts for a minimum of ten years and corresponds to at least ten years of military service, the civilian spouse remains eligible to receive direct payments from the Defense Finance and Accounting Service (DFAS).
If they share children, they remain eligible for military benefits, irrespective of whether their marriage duration surpasses 20 years or if they decide to remarry. The duration of service a member serves or their retirement status does not affect their children’s eligibility for Tricare, which lasts until the children reach the age of 21. However, if a service member leaves the military before accumulating enough service for retirement, both their Tricare eligibility and their children’s eligibility will come to an end.
Navigating the complexities of military divorce and understanding the eligibility criteria for post-divorce military benefits can be a daunting task. At McConnell Family Law Group, our experienced Greenwich military divorce lawyers can guide you through this process and help you receive the benefits you deserve. Contact us today to receive legal counsel tailored to your unique situation.
The Frozen Benefit Rule
In 2017, the National Defense Authorization Act changed how pensions are divided among military members and their ex-spouses. In the past, an ex-military spouse could get a larger part of the pension if their ex-spouse received a higher rank after the divorce. Under the new law, a military member’s rank is treated as “frozen” when the divorce happens. The ex-spouse’s share of the pension will be based only on the service member’s rank at the time of the divorce.
Pension Entitlement
Ever since the Uniformed Services Former Spouses Protection Act became law, military pensions have been treated as marital property. An ex-spouse may be entitled to half of the pension if the marriage lasted at least 10 years, however, this is negotiable. The military spouse may offer more in other areas of the divorce in exchange for giving up less of their pension, or the non-military spouse may ask for a larger percentage of the pension.
Health Care Benefits
Many soon-to-be-ex-spouses worry about losing TRICARE health benefits. While the service members’ children retain their TRICARE coverage, divorced spouses do lose their TRICARE coverage. Through the Department of Defense Continued Health Care Benefit program, an ex-spouse may choose to purchase coverage for up to 36 months after the divorce.
Relocation Assistance
If the service member and their family are living overseas when the divorce takes place, the military may pay for the ex-spouse’s relocation expenses to allow them to leave the overseas duty station. Additional moving costs must be negotiated as part of the divorce settlement.
Child Support and Alimony
Immediately after a couple decides to divorce, the military service member is bound by their branch’s family support requirements. However, these requirements are not a long-term solution. Just as in a civilian marriage, it is crucial to file a court order requesting family support until the divorce becomes final.
With the right support and guidance, you can move through the divorce process with confidence and dignity. At the McConnell Family Law Group, we strive to help each family in “Finding Peace Through Strength.” Take the first step now and contact us at (203) 541-5520.
| Topic | Description |
|---|---|
| The Frozen Benefit Rule | The 2017 National Defense Authorization Act changed how military pensions are divided in divorce. The military member’s rank at the time of divorce determines the ex-spouse’s share of the pension. |
| Pension Entitlement | Military pensions are treated as marital property under the Uniformed Services Former Spouses Protection Act. Ex-spouses may be entitled to half of the pension if the marriage lasted at least 10 years. Negotiable terms for pension division may apply. |
| Health Care Benefits | Divorced spouses lose TRICARE health benefits but can purchase coverage through the Department of Defense Continued Health Care Benefit program for up to 36 months after divorce. |
| Relocation Assistance | If the divorce occurs while the military member and family are living overseas, the military may cover the ex-spouse’s relocation expenses. Additional moving costs can be negotiated in the divorce settlement. |
| Child Support and Alimony | The military service member is initially bound by family support requirements, but these are not a long-term solution. Court orders for family support are essential until the divorce is finalized, similar to civilian marriages. |
