This is a guest post contributed by Cannon & Associates.
Divorcing a military spouse comes with unique challenges. Understanding your spousal entitlements in a military divorce is important for protecting your financial future. From pensions to healthcare, navigating the complexities of military law can be overwhelming. This guide breaks down the essential information you need to know, including the 20/20/20 rule and the impact of remarriage.
How Are Military Divorces Different from Civilian Divorces?
While the basic divorce process remains the same, military divorces have some notable differences. State courts handle family law matters like child custody, child support, alimony, and the division of marital property. However, federal law, specifically the Uniformed Services Former Spouses’ Protection Act (USFSPA), governs the division of military retirement pay. This law allows courts to treat military retirement pay similarly to civilian retirement accounts, determining how much of the pension is considered marital property.
The division of a military pension depends on factors such as the length of the marriage, the service member’s rank, and their years of service. The USFSPA only covers military retirement benefits, not other benefits like VA disability benefits, which can be treated as income for calculating child support or alimony.
The Servicemembers Civil Relief Act (SCRA) also protects service members from default judgments in divorce proceedings if their military duties prevent them from participating. Once a divorce decree is finalized, the Defense Finance and Accounting Service (DFAS) may directly send a portion of the retirement pay to the former spouse if the couple meets the 10/10 Rule—10 years of marriage overlapping with 10 years of military service.
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What is the 20/20/20 Rule?
Former spouses can retain certain benefits if they meet the 20/20/20 Rule:
- 20 years of marriage
- 20 years of military service
- 20 years of overlap between the two
If these conditions are met, the former spouse may keep their military ID card, medical benefits through TRICARE, and access to commissaries, provided they remain unmarried. The 20/20/15 Rule offers temporary continuation of these benefits with 15 years of overlap between marriage and military service.
Does a State Have Jurisdiction to Split a Military Pension?
Jurisdiction over a military pension depends on the service member’s connection to the state:
- Legal residency in the state
- Residence in the state for reasons other than military duty
- Consent to the court’s jurisdiction
If none of these conditions are met, the state court cannot divide the pension.
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What is the Continued Health Care Benefit Program?
The Continued Health Care Benefit Program (CHCBP) offers temporary health coverage for former spouses who do not meet the 20/20/20 Rule. CHCBP provides similar coverage to TRICARE Select for 18 to 36 months, bridging the gap between military and civilian healthcare.
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Does Remarrying Affect Military Pension Rights?
Remarrying does not impact a former spouse’s entitlement to military pension payouts. However, it can affect other benefits. For instance, remarriage can end eligibility for alimony and certain military benefits under the 20/20/20 Rule.
Why Hire a Military Divorce Attorney?
Military divorces involve additional complexities due to federal regulations and military-specific issues. Experienced military divorce attorneys can:
- Explain the process and answer questions
- Address myths and misconceptions
- Negotiate with the other spouse’s attorney
- Identify unique military-related issues
- Develop strategies considering deployment and the SCRA
- Resolve child support and custody issues
- Equitably divide military pensions and other assets
- Advise on post-divorce medical benefits
Oklahoma-Specific Requirements for Military Divorce
Residency Requirements
– General Rule: At least one spouse must have lived in Oklahoma for six months prior to filing for divorce.
– Military Exception: If one spouse is stationed on a military base in Oklahoma for at least six months, this can satisfy the residency requirement.
– Deployment: Deployment can affect residency requirements. Consult with an attorney to determine how deployment impacts your case.
Division of Property and Debt
Oklahoma is a community property state, meaning property acquired during the marriage is generally considered jointly owned and subject to equitable division. However, military pensions and retirement benefits are handled differently due to federal laws like the USFSPA.
Child Custody and Support
Oklahoma courts prioritize the “best interests of the child” when determining custody arrangements. Military deployments can complicate custody matters. It’s essential to work with an attorney to create a custody plan that addresses the unique challenges of military life.
Ensuring a Fair Divorce
Navigating a military divorce can be complex and emotionally draining. Having a knowledgeable legal advocate by your side can make a significant difference in protecting your rights and securing a fair outcome.
At Cannon & Associates, a veteran-owned business, we’re committed to providing compassionate and comprehensive legal representation to service members and their families facing divorce and custody matters. We will advocate for your rights, ensure your military service is considered fairly, and help you achieve a fair and just outcome.
Call us today at (405) 358-4902 to schedule a free case strategy session or contact us here and learn how we can assist you during this challenging time..
Schedule a call with one of our client services coordinators today.
