Military benefits for ex-spouses

Military benefits for ex-spouses

| Jun 25, 2021 | High-Asset Divorce, Military Divorce |

If you and your military spouse have recently divorced or are going through a divorce, you may be wondering if you are still entitled to benefits paid by the U.S. government. If you’re a Florida resident, here are some things you should know about collecting benefits after your divorce.

Military vs. civilian divorces

Military divorces can be more complex than civilian divorces. The spouse who is active-duty military personnel may be concerned about how the divorce will affect them financially because they might have to cover medical benefits for their ex-spouse and any children the couple share.

20/20/20 and 10/10 rules

The spouses of military members who get divorced could be entitled to several different benefits under retirement pay Tricare, or other sources if the service member meets certain qualifications. The 20/20/20 rule and the 10/10 rule are two general rules that describe the benefits an ex-spouse will receive in a high-asset divorce.

The 20/20/20 rule pertains to benefits that military spouses are entitled to even after divorce, such as Tricare health benefits, shopping at the commissary and exchange, a DoD ID card and military discounts at various retailers. To receive 20/20/20 benefits, you must be married for at least 20 years, and the military spouse must have served at least 20 years that are eligible for retirement pay. The 10/10 rule indicates that an ex-spouse can receive a court-ordered portion of military pay if they’ve been married to the active-duty member for at least a decade and the military member was in the service for at least 10 years.

These are strict requirements, so you might wonder if you qualify. Speak with an experienced family law attorney to get a clearer understanding of the benefits you are entitled to as a military ex-spouse.