What are the benefits for a former military spouse after a Louisville divorce? The military benefits of a spouse can be one of the most complex issues in a Louisville divorce case involving a military spouse. We are often asked by active and retired military spouses what they should know when approaching a divorce.
Key Takeaways About the Benefits for a Former Military Spouse After a Louisville Divorce
- There are many strategies to ensure continued access to military benefits, including the Survivor Benefit Program (SBP), for the former or soon-to-be former spouse of military personnel.
- The length of service during the years of marriage will directly impact the extent of benefits available to the non-military former spouse.
- The quality, experience, and knowledge of your divorce attorney will make a substantial contribution to the successful accomplishment of your goals in a military divorce in Louisville.
There are many ways to continue existing benefits or provide benefits for a former military spouse after a Louisville divorce. One example is to consider a legal separation. A legal separation resolves most of the same issues as a divorce, such as child custody and visitation, maintenance and child support, and the division of marital property and retirement benefits, with one important exception: at the end of the process, the parties are still legally married. This ensures almost all military benefits will continue for a non-military spouse and the children.
A divorce will sever most military benefits; however, the non-military spouse has options to extend essential benefits, such as military medical benefits (TRICARE) and the Survivor Benefit Program (SBP). Much like COBRA, the Continued Health Care Benefit Program (CHCBP) allows a non-military spouse to purchase continuation medical coverage for up to 3 years. This requires the insured to pay the monthly healthcare premium in the future.
The best strategies to provide benefits for a former military spouse after a Louisville divorce are often centered upon the SBP and a settlement involving a portion of the service member’s military retirement benefits. While the SBP provides lifetime income for a surviving spouse upon the death of a retired military spouse, the premiums vary, and there can be issues if the military spouse remarries before age 55. Military retirement benefits are based on accrued service.
You may be aware of rules surrounding names such as “20/20/20,” “20/20/15,” or “10/10” rules. These rules apply to those seeking a military divorce where the couple was married for at least 10 years, and 10 years of military service must “overlap” at least 10 years of the underlying marriage. If the couple were married for more than 20 years, and one (or both) of the parties have 20 years or more of military service and that period of service occurred concurrently during at least 20 years of the marriage, a non-military spouse may be able to keep healthcare benefits through TRICARE, as well as other benefits including access to base exchanges and the commissary. The “20/20/15” rule provides one year of TRICARE health coverage for marriages lasting 20 years, and the length of overlapping service was greater than 15 years, but less than 20. Therefore, a former non-military spouse can receive a portion of a 20/20/20 or 20/20/15 benefit based upon the length of the marriage and period of military service.
The “10/10 rule” applies to how the former spouse of a member with military service will receive retirement payments from DFAS. If there were at least 10 years of service concurrent with 10 years of the associated marriage, the non-military spouse can receive DFAS retirement payments directly. It is essential to understand all aspects of a military divorce, and to work closely with your Dodd & Dodd attorney to protect your rights and interests.
Minor children of a military spouse in a Louisville divorce will retain their military IDs and continue to enjoy access to on-base benefits, facilities, and even housing. Questions of military benefits for a spouse after a Louisville divorce require the proven experience and legal skill of the divorce and family law attorneys at Dodd & Dodd. We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
