Divorce is seldom easy, but there are more challenging aspects when one or both spouses are active duty military. The first challenge is where the divorce will be filed, as it can change based on where each spouse lives, holds residency or is stationed. From there, the challenges continue. Let’s look at the most common.
Spousal Support
Alimony in a military divorce is calculated similarly to civilian separations. There is no set formula in place. Instead, a family court judge will consider several factors and set spousal support case-by-case. They may look at earning ability based on each spouse’s work history, age, health, education and what they’ve contributed to the marriage.
Child Custody
Military divorce raises many challenges, especially when child custody is an issue. If a military parent is deployed, they may need to establish temporary custody with a family member until they return. They may also need to develop court-mandated regular communication channels, which is sometimes tricky. A parenting plan should be established in advance of the parent’s return.
Healthcare Eligibility
Tricare is military healthcare afforded to all military members and their families. Once the divorce is finalized, these benefits will end for all family members not actively serving unless the 20/20/20 rule criterion are met. These criteria state that they had been married for at least 20 years, and the military member had served for at least 20 years during the marriage. In addition, there should be at least 20 years of overlap between the two.
Retirement Benefits
There are two ways in which a divorced spouse may be eligible for military retirement benefits. The Defense Finance Accounting Service (DFAS) has a stated 10/10 rule. A spouse is entitled to direct payments if the marriage lasted ten years and the military member served at least ten years. However, during the divorce, the family court may also determine that a spouse is entitled to a portion of the retirement benefits, and payments would be made by the spouse directly.
Are you facing a military divorce? Contact Stephen H. Hagler for a free consultation. As an experienced divorce attorney, he can help you navigate emotionally and legally challenging trying times.
Posted on behalf of Stephen H. Hagler, LLC