What Are the Benefits for Former Military Spouses?
Military spouses who divorce their sponsor are still eligible to receive military benefits in limited circumstances. There are strict criteria governing who is eligible for full benefits or partial benefits. Available benefits depend on when the divorce occurred, the length of the marriage, the service member's length of creditable service and the duration of military service during the marriage.
Other People Are Reading
-
Full Benefits
-
A divorced military spouse may qualify for a continuance of their full military benefits if the spouse remains unmarried and the previous marriage meets strict requirements. The military couple must have been married for at least 20 years and there must have been at least 20 years of military service during the marriage that counts toward retirement. A subsequent marriage will void these benefits. Should the marriage end in divorce or death, however, military benefits can be reinstated with the exception of medical care. Commissary, Base Exchange and theater privileges can be returned to the ex-spouse.
Limited Benefits -- Prior to 4/1/1985
-
Prior to April 1, 1985, an identification card offering four years of medical benefits could be awarded to spouses who missed the 20/20/20 requirements for full benefits. These spouses had to have been married for 20 years to a service member who served a minimum of 20 years of service toward retirement pay, at least 15 years of which had to occur during the marriage. This card was renewable and could provide medical coverage until the spouse died, became covered by an employer-sponsored plan, or remarried.
-
Limited Benefits -- Between 4/1/1985 and 9/30/1988
-
On April 1, 1985, the rules for limited benefits were revised. Instead of four years of renewable medical care, divorced spouses who meet the 20/20/15 requirement were only eligible for medical benefits until December 31, 1990. No benefits were offered after this period. In instances where the spouse was covered through an employer's medical plan, medical benefits were not immediately available. However, they could be applied for if the medical plan terminated before December 31, 1990. The benefits would still cease at that deadline.
Limited Benefits -- After 1988
-
After September 30, 1988, the benefits for divorced 20/20/15 spouses were further reduced. Rules were revised to limit these spouses to a single year of medical benefits from the date of the divorce. Again, if an employer medical plan was in effect, the benefits were not available.
USFSPA
-
While the Uniform Services Former Spouses' Protection Act does not automatically grant a divorced spouse any entitlements to any portion of the service member's retired pay, it does permit state authorities to treat military disposable retired pay as marital property if they so chose. It is entirely possible that it could be divided in a divorce action, with not more than 50 percent going to the former military spouse. This law only applies to disposable military pay, which is defined as monthly retired pay less certain qualified deductions. To be eligible, spouses must have been married for at least 10 years during which 10 years of service occurred that was creditable toward retirement. A court order must specifically designate a dollar figure or percentage of the pay before it can be divided.
-
