Connecticut Family Law Firm Focuses on Military Spousal Benefits

New London Military Family Law Attorney Understands Spousal Benefit Calculations

Divorce is often confusing, complicated, and stressful, particularly for military couples. However, gaining a general understanding of how the process works can greatly reduce the time, expense, and emotional anguish.

The Uniformed Services Former Spouses’ Protection Act guides how disposable military pay is divided between the service member and the former spouse, as well as determines eligibility for continued medical, commissary, installation exchange, and other benefits.

In most instances, military spouses lose most of their military entitlements upon divorce, including:

  • ID card
  • Base housing
  • Access to commissary and post exchange
  • Medical care at on-base facilities
  • TRICARE (medical insurance coverage)

The date of the divorce directly affects payment of military pension division, and the Defense Finance and Accounting Service (DFAS) will not typically garnish retired pay until there is 10 years of marriage concurrent with 10 years of creditable military service.

The 20/20/20 Rule

A spouse who was married to a service member for 20 years concurrent with 20 years of military service will likely retain full medical care as well as exchange and commissary privileges, provided they meet the requirements of the 20/20/20 rule:

  • They were married to the military member for at least 20 years at the time of the divorce, dissolution or annulment.
  • The military member has performed at least 20 years of service that is creditable in determining eligibility for retired pay (the member does not have to actually be retired from active duty).
  • The former spouse was married to the member during at least 20 years of the member’s retirement-creditable service.

In the event that a spouse doesn’t qualify for continued benefits under the 20/20/20 rule, they may still be eligible under the 20/20/15 rule if they meet these requirements:

  • The service member performed at least 20 years of creditable service.
  • The parties’ marriage lasted at least 20 years.
  • The period of the marriage overlapped the period of service by at least 15 years.

Should these requirements be met, the former spouse will be entitled to retain TRICARE medical coverage, but only for a transitional period of one year. Unlike a 20/20/20 former spouse, a 20/20/15 former spouse will not have access to the military exchange, installation privileges, or commissary privileges.

Contact a New London Military Spousal Benefits Law Firm Today

Are you going through a military divorce and have concerns about spousal benefits? Bruce A. Chamberlain Law Office has focused on military divorce law, including spousal benefits, for more than 25 years. Contact him online or call (860) 440-2846 to schedule your consultation today.