Rights Of Spouses Involved In A Military Divorce

If you or your spouse is a member of the military, getting a divorce usually involves additional legal issues. Continued health care coverage for the non-military spouse, child support payments, and the division of a retirement savings plan and military pension can all become complicated issues--even where to file for divorce can sometimes be confusing. Whether you are the military member or the non-military spouse, before starting the divorce process, it's important that you both understand your legal rights.

Dividing the Military Pension

Usually, the person who wants the divorce files in the state where he or she resides. But a key question you need to ask a divorce attorney, like those at Bray & Johnson Law Firm, before filing for divorce is how the state where you live divides military pensions. Since the Uniformed Services Former Spouses' Protection Act gives the state where the military member legally resides the authority to divide the military pension in a divorce, if you file in another state, that court may not have the power to divide the pension. The military spouse may consent to allowing the court in your state to divide the pension.

Even though the non-military spouse can get a share of the ex-spouse's military pension if you were married for fewer than 10 years, the military spouse is responsible for making the monthly payments. But if you were married for at least 10 years while the military member served on active duty, the court garnishes the pension, dividing the monthly pension check and sending each spouse the amount the divorce court awards.

Maintaining Health Care Coverage

Following the divorce, the non-military spouse may elect no-cost health care coverage under TRICARE as long as you were married for at least 20 years while the military spouse was in active service. But if you are the non-military spouse and remarry before the age of 55, you lose TRICARE coverage permanently.

Non-military spouses who do not qualify for TRICARE can apply for health coverage under the Continued Health Care Benefit Program. To qualify for coverage, you must:

• Be entitled to a share of your spouse's military pension or Survivor Benefit Plan (coverage you can request the divorce court to require as part of the divorce agreement)
• Not remarry before age 55
• Apply before the deadline
• Pay the quarterly premiums which are due in advance

Handling of Child Support

Most of the armed services expect military members to contribute adequately toward a child's support, but the court handling the divorce will decide how much the military spouse should pay. State law determines the amount of child support the military spouse will pay; however, the court needs to take into account that the amount of the military member's pay can change depending on base transfers and deployments. An order for garnishment or wage assignment must be submitted to the military pay center for direct payment of child support to the family.