Is My Former Spouse Entitled to a Percentage of My VA Benefits After Divorce?
Like civilian divorces, military divorces are generally governed by the laws of the state in which it is filed. There are, however, additional federal laws that apply to a military divorce that can affect the division of the related marital property. For example, a long-term spouse of a servicemember becomes entitled to retirement pay and medical benefits for life.
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Benefits During Separation
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While a divorce is pending and the spouses are either physically or legally separated, the spouse of a member of the Armed Services retains all benefits as if married. This includes an identification card, and medical, military exchange and commissary services. According to the Black & Graham Military Divorce Guide, this retention of benefits is one reason why spouses may choose to remain legally separated without finalizing a divorce if a preexisting condition makes it difficult for the nonmilitary spouse to get health insurance.
Military Pension
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Federal law does not entirely clarify the status of military retirement benefits. The "Armed Forces" section of the US Code (10 U.S.C. § 1408(c)) states that they may be treated as part of the marital property to be divided at divorce. The federal government can direct up to 50 percent of a veteran's disposable retirement pay to directly to a former spouse if directed by court order upon a termination of marriage. If more than one former spouse has been awarded a share of a military pension, only 50 percent of the disposable amount is awarded on a first come, first served basis.
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Medical Benefits
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A spouse who meets the 20/20/20 rule is entitled to full military health benefits for life. The requirement is that the veteran must have served at least 20 years of creditable service, the spouse must have been married to the servicemember for at least 20 years and there must be at least 20 years of overlap between the marriage and the creditable service. If a spouse meets a similar 20/20/15 standard, in which only 15 years of overlap are required, the spouse is entitled to one year of transitional health benefits after finalization of the divorce.
Suspension of Benefits
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The medical benefits of a former spouse meeting the 20/20/20 rule are suspended if that former spouse is covered by an employer-sponsored health insurance plan. The benefits are also suspended if the spouse is remarried. The benefits are reinstated, however, if the subsequent marriages ends through the death of the new spouse or divorce.
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- Photo Credit military shooting image by Alexey Klementiev from Fotolia.com
