attorney who specializes in military divorce

by Sylvan Blanda Published 2 years ago Updated 1 year ago 3 min read

What is a divorced military spouse entitled to?

After divorce, the former spouse is entitled to the Continued Health Care Benefit Program (CHCBP), which is the Tricare version of “COBRA” for three years. And as long as the spouse remains unmarried and was also awarded a share of the military retirement or SBP, the former spouse may remain on CHCBP for life.

How much does a military spouse get after divorce?

For every other military spouse divorcee, there simply are no military benefits after divorce. Your benefits end the day your divorce is final. However, if you have children together, they will still qualify for military benefits, even if you haven't been married more than 20 years and even if you remarry.

How do I divorce my husband in the military?

Comply with the mandatory waiting period for military families. Typically, there is a 90 day waiting period to obtain a divorce if one spouse, or both spouses, are active in the military. This waiting period applies even if you have been living apart for more than two years.

What happens when you get divorced in the military?

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.Sep 16, 2021

Does my ex wife get half my military retirement?

Even if you were married for less than a year, a court may award a share of your military retired pay to them. However, if you were in a long-term military marriage that overlapped with a lengthy period of service, then your former spouse may be entitled to as much as 50% of your military pension.Jul 7, 2021

Will I lose my TRICARE if I divorce?

You remain eligible for TRICARE only if you meet certain criteria. Your sponsor's military Service Component is responsible for determining your continuing eligibility. If you and your sponsor are separated or living apart, but not divorced, you keep TRICARE benefits.

Is it hard to get a divorce in the military?

The military divorce laws in California can be quite complicated and may be difficult to parse and understand on your own, so it is highly advised to hire a divorce lawyer who has experience dealing with military divorces.Jan 10, 2022

What is the 10 10 Rule military?

There is something known as the 10/10 rule in such divorces. The 10/10 rule allows former spouses of military members to receive a portion of the ex's military retirement pay. This is paid directly from the Defense Finance and Accounting Service and is court-ordered in military divorce cases.Jan 16, 2019

Can you date while legally separated in the military?

If you are in the military and you date someone other than your spouse while your divorce is pending or even after you are "legally separated," you are risking criminal charges.

What is the 20/20 15 rule for military?

20/20/15: Under the 20/20/15 rule, you keep all TRICARE health care benefits for one year if you were married to the service member for at least 20 years, the service member served in the armed forces for at least 20 years, and the marriage and the period of service overlapped for at least 15 years.Mar 18, 2019

How long does an ex spouse get military retirement?

The 10/10 Rule

Following a dissolution of marriage, a former spouse who has at least 10 years of marriage overlapping 10 years of creditable military service may apply for direct payment of the retirement from the Defense Finance & Accounting Service (DFAS).

How do I protect my military retirement in a divorce?

In 1982 Congress passed the Uniformed Services Former Spouse Protection Act, which allows state courts to treat disposable retired pay either as property solely of the member, or as property of the member and his spouse in accordance with the laws of the state court.