What do military spouses get in a divorce

Starting upon marriage i. The following benefits are available to a former military spouse regardless of the duration of the marriage. Courts can award a former spouse a share of the military retirement even after just a brief marriage. But the shorter a marriage, the less valuable such an award is. And also note that with fewer than 10 years of marriage overlapping service the retiree will have to pay the retirement to the former spouse each month, as direct payment from DFAS is not available.

For more information about the division of a military pension, see the Military Retirement section of the Military Divorce Guide. And because the new Blended Retirement System means an employer match, the TSP will become an increasingly valuable asset subject to division at the time of divorce.

Per federal law, the court may not order the division of this benefit — a former spouse may only use it if the spouse were an eligible beneficiary at the time of divorce, and the member agrees to share it.

Veterans Administration disability payments are not a divisible asset, regardless of how long the parties have been married. So by virtue of the payments not being invisible to the domestic relations court, the former spouse may see some benefit from them. SBP is analogous to a life insurance policy on the military retirement. SBP, available for a monthly premium, ensures the continuation of payments.

However, SBP also requires that the spouses be married at the time of retirement, have a child together, or that they be married for at least one year by the time of death.

Note also that legally permissible does not mean it will be awarded. For instance, the process may take longer if one of you is on active duty in a remote area or have a permanent station overseas.

Some states have relaxed the residency requirements for active duty service personnel who want to file for divorce in the state he or she is stationed. Besides understanding the basic divorce process, military couples should be knowledgeable about the role of the Uniformed Services Former Spouses' Protection Act.

While states have always had the authority to treat retirement and pension plans just like any other marital asset, the USFSPA permits the states to classify military retired pay as property, as opposed to income. In order for the military to provide direct retirement payments to an ex-spouse, the couple must have been married 10 years overlapping with 10 years of service.

For example, if you were married for 12 years, and one spouse was in the military for seven of those 12 years of marriage, the other spouse would not be entitled to a direct payment from DFAS.

If you were married for 12 years, and one spouse was in the military for 10 of those 12 years, the other spouse would be entitled to a direct payment from DFAS. Depending upon the state's date of division, the amount of time you have been married may be judged by different criteria. This means that Texas may view you as being married nine years, while California considers you having been married 10 years. Not qualifying for the DFAS direct pay does not mean you are ineligible for a portion of the payment.

However, if the employer plan is optional, the former spouse may decline that insurance and participate in the one-year benefit. Children residing in the household of a separated spouse continue to be eligible for commissary privileges until the divorce is final. The former spouse will be issued a new ID card with a different identification number from the service member.

It is always a smart idea to contact the ID office before you go to verify what documents you will need. This is simply not true.

Each state provides guidelines for custody arrangements and many states require parents to develop a plan that is flexible enough to meet the job demands of each parent, in addition to the needs of the child. When military parents are developing a custody plan, they should keep in mind the age of the children, what will happen when the service member deploys, what will happen when the service member returns from deployment, and what the visitation schedule will be like if the service member transfers out of the state or out of the country.

When developing a custody plan, try to think beyond the current living situation and age of your child. Custody plans can change based on a change in circumstances, including age of child, new job for either parent, remarriage of either parent, or any other criteria your state permits.

Federal and state laws impose responsibility on both parents to financially support their children. Child support proceedings can generally be initiated through the local child support enforcement agency where the custodial parent and child reside.

A family law attorney or child support enforcement agency representative can provide guidance on the child support guidelines in your state. Family support guidelines vary by Service and can help reduce financial strain until a child support order is finalized.

Garnishment orders can be enforced within the military. Once a garnishment order has been established, it can only be stopped or changed by a written instruction in the original court order or through a subsequent court order directing DFAS to stop or change the current deduction.

State courts have supremacy in family law cases. The formula for dividing reserve retired pay is based upon the same principle as active duty retirements, with one change — it utilizes retirement points, rather than months. Disposable retired pay is generally defined as the retired or retainer pay minus:. FSPA allows a former spouse to receive a direct payment of retired pay from the Defense Finance and Accounting Service DFAS center upon presentation of a valid court order, for alimony, child support, or property division.

Military pension stops when the service member dies. State courts have the option to order the service member to participate in SBP with the former spouse designated as the beneficiary. And the opposite is also true - if the federal government determines that the former spouse is not entitled to such benefits, nothing a state court orders can change that.

Continued Health Care Benefit Program. 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. If there were at least 20 years of marriage and 20 years of service at the time of divorce, but only 15 years of overlap, the former spouse is entitled to 1 year of transitional medical i.

Tricare benefits only. For complete details of the health care benefits available to a former spouse after divorce, see the Military Health Benefits for Divorced Spouses article. Federal law prohibits state courts from dividing the GI Bill as part of a divorce. Family members may only live in military housing while the couple is married. Upon divorce, a family in housing will have 30 days to depart. See the Military Base Housing in a Divorce article for details.

Each of the branches of the armed forces has a requirement that the military member pay a separated spouse a monthly amount to live on, pending pending civilian court order to the contrary. However, the BAH payments cease upon divorce, or court order to the contrary. At that time, whatever the domestic relations judge has ordered for spousal and child support, if anything, is owing.