How a Divorce Can Affect My Military Benefits

If you are married to a member of the military, all of the benefits you currently receive through the military service will be affected in the event of a divorce. However, the military offers programs and consultants to help military spouses find a way forward. Until your divorce is final, you can still receive your benefits.

Housing and Moving Benefits

In most cases, a non-military spouse will lose their position in family housing provided by the military within 30 days of the service member moving out due to a divorce. While the couple could potentially negotiate the cost of moving to another location within the same state as part of a divorce settlement, the military will not pay for these costs upfront. There is an exception when paying for the moving expenses of a non-military spouse returning home from an overseas duty station.

Military Health Care Benefits

If you relied on health care benefits received through your military spouse during your marriage, expect these benefits to end if you get divorced. You will lose all TRICARE benefits gained through the military member once your marriage has been dissolved. 

However, you can choose to purchase up to three years of temporary health care coverage through the Department of Defense Continued Health Care Benefit Program. In addition, eligible children of the service member may continue receiving TRICARE benefits until age 21 (or 23 if enrolled in college).

Pension and Retirement Benefits

In a military divorce, a non-military spouse may be entitled to receive a portion of the service member’s retirement and pension benefits as part of the divorce property settlement. The courts in the state where the couple has filed will oversee the division of property. In California, for example, the community property division law could divide the couple’s assets and debts 50/50. 

However, federal law also determines the amount of a military pension a court may award to a non-military spouse. This amount is capped at 50 percent of the military member’s retired pay, which is calculated based on how long the member has served at the time of the divorce. Note that no pension payments allocated to a spouse will be paid until the military member retires.

Spousal and Child Support After a Military Divorce

Even before you receive a court order that grants you spousal or child support payments from your ex-spouse in a divorce case, all military branches have policies that require service members to support their families upon separation. This means you can continue receiving financial support from your military spouse while your divorce case is pending. 

Do You Qualify for the Continuation of Your Military Benefits?

The Uniformed Services Former Spouse Protection Act provides certain benefits to former spouses of military members after a divorce or separation. These benefits will be available if the following is true:

• You were married to a member of the military for at least 20 years prior to the date of your divorce or annulment.
• The military member you were married to has performed at least 20 years of service that is creditable when determining eligibility for retirement benefits.
• You were married to the military member during at least 20 years of the member’s retirement-creditable service.

If you qualify, you could continue to enjoy certain military benefits, including access to military exchanges and commissaries, health care at military treatment facilities, and a portion of retirement benefits. 

How a Military Divorce Lawyer in Orange County Can Help

Which military benefits are affected and how drastically they will be altered because of your divorce from a military service member depends on your unique situation. To discuss your specific circumstances and legal rights in detail, contact our military divorce attorney in Orange County who has experience handling military divorce cases. An attorney will offer personalized legal strategies to guide you and your family through this difficult time.