Are Divorced Spouses Entitled to Husband's Veteran Benefits?

The Uniformed Services Former Spouse Protection Act (USFSPA) addresses the concerns of divorced spouses in relation to veterans benefits. Divorce terminates most veteran benefits, but former spouses are entitled to a few benefits if they meet specific criteria. Divorced spouses of service members should contact a military legal assistance office for further clarification.

Survivor Benefit Plan

A military member can designate a divorced spouse as the beneficiary of her Survivor Benefit Plan, or SBP. The SBP is an annuity that provides continued income to the named beneficiary after the military service member dies. Participation in the Survivor Benefit Plan program is voluntary; not all service members elect to join this program. If a military husband, or wife, divorces after retiring, the divorce terminates the beneficiary designation and assigns to the current spouse, if applicable. The divorced spouse can reinstate the beneficiary coverage through a court order or voluntarily. To remain as a beneficiary, the divorced spouse must elect "former spouse coverage" from the military finance center that coordinates the SBP within one year of the divorce decree.

Retirement Pay

A divorced spouse may be eligible for a portion of a retired husband's retirement pay as part of a divorce settlement. State law treats a veteran's retirement pay benefits as marital property if the spouse was married to the service member for at least 10 years during the time that the service member performed at least 10 years of creditable service. If these stipulations are met, the spouse may be awarded part of the retirement pay, just as she may be awarded a portion of a civilian pension plan. Divorced spouses are entitled to a husband's retirement pay if alimony or child support payments are not current; military retirement pay may be garnished to satisfy these obligations.

Health Care Benefits

Divorced spouses may also be entitled to a husband's health care benefits under certain circumstances. The divorced spouse must show that her husband served in the military for at least 20 years and that she was married for at least 20 years during the time of service. Divorced spouses that meet these requirements are known as a "20/20/20" former spouse. A 20/20/20 former spouse is entitled to full veteran's health care benefits. If the divorced spouse marriage overlaps 15 years of their husband's 20-year minimum military service, she is entitled to full health care benefits for a period of one year following the divorce. Full health care coverage stops if the divorced spouse remarries or if she enrolls in a health insurance plan through her employer.

Commissary and Exchange Benefits

Divorced spouses who meet the 20/20/20 requirements are also entitled to full commissary and exchange benefits. Military commissaries are supermarkets that sell food, cleaning products and sundries at an average discount of more than 30 percent. Most commissaries are located on military installations. Military exchanges are department and drug stores. Divorced spouses that qualify receive a military identification that allows them full access to these benefits.

References

• Military.com: Uniformed Services Former Spouse Protection Overview

Resources

• Military.com: Commissary, Exchange and MWR