When a spouse serves in the military, the divorce process can feel complex. You have worked hard and sacrificed as a member of a military family, and now you might have questions about rights to military benefits, including healthcare, retirement, and housing, which can often add stress to an already emotional time.
At Apol Law LLC, our experienced military divorce attorney understands how military service affects every part of family life. We also know how critical it is to protect your rights. Whether you’re an active-duty service member or a military spouse, this guide helps answer the question: What is a military spouse entitled to in a separation or divorce?
What Happens to Military Benefits for Spouses Getting Divorced?
A military divorce is not just a “regular” divorce with uniforms. It involves both state family law (which governs property division and child custody) and federal law (which controls military pay, retirement, and spousal benefits).
Division of Property
Maryland law sets rules for identifying and dividing marital property in a divorce. Depending on the circumstances, military retirement benefits can be marital property that the divorce court divides or uses to calculate each spouse’s share. The court looks at each spouse’s circumstances and contributions and aims for an equitable (fair) property division.
Division of Military Retirement
When military pay or retirement benefits are involved, the Uniformed Services Former Spouses’ Protection Act becomes essential. This federal law allows state courts to treat disposable military retired pay as marital property and divide it in a divorce decree. In short, Maryland decides how property is divided, while federal law defines what can be divided.
Military retirement benefits often make up a large portion of marital assets. However, there are limits and requirements for dividing the benefits. In general, a spouse may be entitled to benefits if their marriage lasted at least 10 years and at least 10 years of the marriage overlapped with the serving spouse’s military service. Courts can also order a division of Thrift Savings Plan accounts.
Survivor Benefit Plan (SBP) Protection
The Survivor Benefit Plan is one of the most important benefits in a military marriage. It provides continued income to a spouse if the serving spouse dies first.
This benefit ends when a couple divorces, unless the military spouse chooses coverage for a former spouse, a court orders coverage for a former spouse, or the parties agree to continued coverage in a settlement. Absent one of these, coverage could be lost forever. So, having a military divorce attorney review these steps is essential.
Healthcare and TRICARE Benefits
Healthcare benefits can be a confusing and emotionally charged issue for military families after divorce. Whether a former spouse keeps TRICARE coverage depends on the length of the marriage and service overlap.
The 20-20-20 Rule
If a marriage to a military member lasts 20 years, with the member serving for 20 creditable years, and those 20 years overlap, the spouse can keep TRICARE benefits until they remarry or receive coverage from an employer. If the spouse was a Partners for Peace or NATO member, you are not eligible for this coverage.
The 20-20-15 Rule
In general, if the marriage lasts at least 20 years, the service member has 20 years of creditable service, and there is a 15-year overlap, the spouse may receive one year of TRICARE coverage. Once again, they cannot receive coverage if they remarry or if their spouse was a Partners for Peace or NATO member.
Please note that spouses who lose TRICARE can buy up to three years of temporary coverage similar to COBRA insurance options for civilians who separate from employment.
Housing and Installation Access
Once a divorce is final, many former spouses lose access to on-base housing and facilities like the commissary or exchange. Your right to installation housing typically lasts only 30 days after a serving spouse moves out.
If you are returning from an overseas duty station, the military might cover your moving expenses. Also, spouses who fulfill the 20-20-20 rule retain theater, commissary, and exchange privileges as long as they don’t remarry.
Child Support and Spousal Support
Military service doesn’t remove a parent’s duty to support their children or comply with an alimony (spousal support) order. If you have a court order for alimony or child support, you can apply to have the military directly pay the support obligation.
What Is a Military Spouse Entitled to in a Separation?
So, what happens to military benefits when you and your spouse have separated but have not yet divorced? Regardless of the length of your marriage, the military allows you to keep the following benefits until your divorce is final:
- Healthcare,
- Commissary, and
- Exchange.
You can also keep your identification card during this time.
While your divorce is pending, the military can facilitate the payment of temporary child and spousal support obligations. These matters may require swift action and coordination between military branches and state courts. Our experienced military divorce attorney can help you address these matters quickly and receive the support you need for the smoothest transition possible.
Contact Our Top Military Divorce Attorney Today
If you’re navigating a military divorce in Maryland, you deserve support from someone who understands your unique needs. Whether you’re trying to understand military benefits for spouses during separations or divorces, how to protect retirement benefits, or how to keep healthcare coverage, Apol Law LLC is here to help.
With more than a decade of experience, we combine compassion with precision to guide you through the complexities of military benefits. We can also help you safeguard your financial and emotional future. We are respected in the legal community and passionate about helping Maryland’s military families through life transitions.
Contact Apol Law LLC online or by phone today to schedule a confidential consultation. We can help you take the next step toward peace of mind.
Resources:
- Md. Code Ann., Family Law (division of marital property) § 8-205, link.
- Md. Code Ann., Family Law (determination of marital property) § 8-203, link.
- Thrift Savings Plan, “Divorce, annulment, and legal separation,” link.
- Defense Finance and Accounting Service, “How to Identify the Status of Spouse/Former Spouse SBP Coverage on your Retiree Account Statement,” link.
- Military One Source, “Rights and Benefits of Divorce Spouses in the Military,” link.