Are you concerned about military benefits for a 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 military and retired military spouses about the information they should know when approaching a divorce.
There are many options which can continue existing benefits or provide military benefits for a 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, 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 important elements such as medical benefits and the Survivor Benefit Program or SBP. Much like COBRA, the Continued Health Care Benefit Program (CHCBP) allows the non-military spouse to purchase continuing medical coverage for up to three years. This requires the insured to pay for the monthly premium of the healthcare going forward.
Military benefits for a 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 in the case of passing of a retired military spouse, the premiums vary and there can be issues if the military spouse remarries before the age of 55. Military retirement benefits are based upon accrued service. The 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.
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 contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
