Military spouses have significant rights, including access to healthcare, commissaries, exchanges, and housing, plus entitlements to financial support and potential access to military pensions during separation or divorce, with specific rules like the 20/20/20 rule for extended benefits, all protected by federal laws like the USFSPA. They also benefit from license portability laws (SCRA) for professional licenses when moving for orders, ensuring continuity.
As the spouse or dependent child of a Veteran or service member, you may qualify for certain benefits, including health care, life insurance, or money for school. As the survivor of a Veteran or service member, you may qualify for added benefits, including help with burial costs and survivor compensation.
Division of retired pay as property if the former spouse was married to the member for 10 years or more, during which time the member performed 10 years or more of creditable service, and the order expresses payment in dollars or a percentage of the member's disposable retired pay.
Once the divorce is finalized, you no longer qualify for many benefits or privileges. If living in on-post housing, you lose it within 30 days of the servicemember moving out. If you can't agree on moving expenses and it's not ordered in the divorce decree, you will be responsible for your own move.
The short answer is: there really aren't. While your service member has to abide by the Hatch Act and DoD Directive 1344.10 — the rules dictating political activities in the military — if you are a civilian spouse, you do not. You are your own person, free to be as outspoken as you choose.
Overview of Military Spouse and Family Benefits
Lawyer: The 10/10 rule means at least 10 years of marriage during at least 10 years of military service creditable toward retirement eligibility. [2] You have to qualify for 10/10 rule compliance in order for the monthly payments to Julietta to come from the government, and not from you writing a monthly check to her.
DIRECT PAYMENT OF RETIRED PAY TO A FORMER SPOUSE
Under the USFSPA, no more than 50 percent of a member's disposable retired pay will be sent as a direct payment. However, if there are garnishments for alimony or child support, up to 65 percent may be sent as a direct payment.
Don't rush and make emotional decisions, turn down opportunities to spend time with your children, say bad things about your spouse, take on more debt, hide income and assets, get a new boyfriend or girlfriend, or say anything on social media about your situation.
Scenario 1: The 20-20-20 Rule
20: You were married to the same sponsor or service member for at least 20 years. 20: All 20 years of marriage overlap the 20 years of creditable (active or reserve) service that counted toward your sponsor's retirement.
Understanding the Unique Nature of Military Divorce
Servicemembers and their spouses may also face long periods of separation, frequent relocations, and complex financial arrangements. These factors can make communication, custody agreements, and equitable division of assets more challenging.
The maximum ex-spousal benefit is up to 50% of the higher earner's benefit and capped at their full retirement age (FRA) amount, also known as the Primary Insurance Amount or PIA. Most will get a higher benefit based on their own record, rather than an ex-spouse's.
Military base housing is issued to the service member. However, service members do not have the authority to evict their family from the home. Thus, if a couple decides that they want to live separately, the service member may temporarily move into on-base military barracks instead.
The 10/10 rule allows for direct payment of retirement if the marriage and service each lasted at least 10 years during the same timeframe. The 20/20/20 rule offers broader benefits, such as Tricare and base access, when all three factors—marriage length, service time, and their overlap—hit the 20-year mark.
Major Life Challenges for Military Spouses
To qualify for Social Security spousal benefits, you must be at least 62 years old, and your spouse must already be receiving their own Social Security benefit. If you are the higher earner, your spouse may be eligible to receive a spousal benefit based on your work record.
The most common examples are gifted and inherited assets. Money or property given to one spouse as a gift, or received through an inheritance, is generally considered separate property and cannot be touched in a divorce, as long as it has been kept separate.
The 7-7-7 rule is a structured method for couples to regularly reconnect, involving a date night every 7 days, a weekend getaway every 7 weeks, and a kid-free vacation every 7 months.
The biggest divorce mistake is often letting emotions control decisions, leading to impulsive actions, but failing to seek early legal and financial advice is equally critical, as it can severely jeopardize your long-term financial security and rights, especially regarding property division and child custody. Other major errors include hiding assets, not focusing on children's needs, and using the process for revenge rather than resolution.
In addition, for orders dividing retired pay as property to be enforced under the USFSPA, a member and former spouse must have been married to each other for 10 years or more during which the member performed at least 10 years of military service creditable towards retirement eligibility (the 10/10 rule).
The maximum amount of retired pay income a former spouse can receive is 50% of the disposable retirement pay. Additionally, if the couples meet several requirements, the former spouse may be eligible to continue receiving and using several military benefits.
You can either receive a percentage share of your ex-spouse's pension pot known as pension sharing. This money will be legally treated as yours. You can offset the value of the pension against other assets, for instance, you can keep your pension but your former spouse will keep the family home.
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.
Section 3326 of United States Code Title 5 states 180-Day Restriction on Department of Defense (DoD) Employment of Military Retirees: A retired member of the Armed Forces may not be appointed to a civilian position in DoD (including a non-appropriated fund position) within 180 days after retirement unless: the ...
Rule 44. Methods and means of warfare must be employed with due regard to the protection and preservation of the natural environment. In the conduct of military operations, all feasible precautions must be taken to avoid, and in any event to minimize, incidental damage to the environment.