Law

Frequently Asked Questions About Military Divorce

Everyone knows the on-field pressure of a military officer. However, when the stress of personal life starts affecting their job, their marriage might be at stake. A survey shows that the military ranks in the top 10 jobs with a high rate of divorces. 

One of the major factors triggering divorces in military couples is the long time they spend apart from each other. If you and your spouse are thinking about dissolving your marriage, you must contact Karp & Iancu, S.C., as soon as possible.

Frequently asked questions about military divorce

You must have several questions in your mind about seeking a military divorce. So here are a few questions people commonly ask.

  • Does the military give you a lawyer in a divorce case?

Although the military provides you with a Judge Advocate General to offer you support, it does not allow them to represent you in court. You must find a professional divorce attorney to dinghy your case in court. 

  • Can your former spouse keep benefits after a military divorce?

Generally, the Uniformed Services Protection Act determines the right to claim any benefits for the former military. Moreover, the laws of your state also play an essential role in the final judgment of your divorce.

During military retirement benefits, if your state’s law suggests that you are entitled to the retirement benefits of your former spouse, then Uniformed Services Protection Act allows you to gain a portion of your former spouse’s retirement benefits. 

  • What is the 10/10 rule in a military divorce?

The ten by 10 rule suggests that if your marriage lasted for ten or more years and your spouse served ten years of military service, you are entitled to receive any military retirement from DFAs. However, most people misunderstood this rule by thinking they would receive an increased military benefit. 

But it means it will affect the portion of military benefit you receive after divorce if the court decides to give you a part of it. 

  • What does the 20/20/20 rule stand for?

Suppose your marriage lasted for 20 or more years before divorce and your former spouse served in the military for at least 20 years before retirement. In that case, you can receive certain benefits provided you should not be remarried after the divorce. 

Moreover, one essential condition is that you and your spouse must be married for 20 years during their time of the member’s retirement creditable service. 

If your marriage fulfills all the above conditions, you can receive health care, exchange, and commissary access benefits. 

  • How can I lose my TRICARE benefits?

If you and your spouse do not qualify under the 20/20/20 or 20/20/15 rules, you will probably lose your TRICARE benefits after the divorce.

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