Understanding Benefits for Divorced Military Spouses: When going through a divorce involving a military member, the stakes are high. This is especially true for securing your entitled benefits.  Military divorces come with unique challenges and complexities. Having the right legal team by your side can make all the difference. At Graham Family Law, we specialize in military divorces and have the expertise to ensure you receive the full range of benefits you deserve. Our team is here to guide you through every step of the process with clarity and confidence.

Here’s a breakdown of key benefits and rules that divorced military spouses should know:

The 20/20 Rule

If the marriage lasted 20 years and overlaps with 20 years of the service member’s military service, the spouse is entitled to lifetime medical, exchange, and commissary benefits. These benefits are protected by law and cannot be taken away by the service member or a judge.

The 20/15 Rule

If the marriage lasted at least 15 years and overlaps with 20 years of military service, the spouse is eligible for one year of transitional medical, exchange, and commissary benefits after the divorce.

No 20/20 or 20/15 Rule

If neither rule applies, medical, exchange, and commissary benefits end on the date of the divorce.

The 10/10 Rule

If the marriage lasted at least 10 years and overlaps with 10 years of military service, the spouse can receive direct payments of their share of the service member’s retirement through DFAS (Defense Finance and Accounting Service). A Military Retirement Pension Division Order handles this.

• If the 10/10 Rule isn’t met, military retirement is still divisible, but the service member must make monthly payments directly to the spouse.

Survivor Benefit Plan (SBP):

A divorced spouse can remain the designated beneficiary of the service member’s SBP, ensuring continued payments after the service member’s death. However, the spouse must elect this benefit with DFAS within one year of the divorce decree. Missing this deadline results in a permanent loss of the benefit.

The cost of the SBP comes directly out of the service member’s retirement pay, requiring both parties to share the expense. If the spouse does not secure designation as the SBP beneficiary, retirement payments stop when the service member passes away.

Understanding these rules can help divorced military spouses make informed decisions and protect their rights. Start by consulting the knowledgeable lawyers at Graham Family Law to ensure you receive the benefits you deserve.

Related Reading: What makes a Military Divorce different?

Benefits for Divorced Military Spouses

Since these benefits can be of great value to a former military spouse, it is crucial that your attorney advises you on what is available. You must complete all the proper documents at the time of the divorce, not afterward. Military.com offers many resources for both service members and their spouses regarding benefits, pay charts, obligations for temporary support, BAH and BAS benefits, etc. These are very helpful in guiding you to understand military benefits both during and after your divorce.

Graham Family Law understands the intricacies of military divorces and actively advocates for your best interests. Our expertise in these cases ensures we leave no detail overlooked, helping you secure the benefits you’ve earned.  Let us help you navigate this challenging time with confidence and peace of mind.

Contact us today to schedule a consultation and take the first step toward protecting your future.  Call us at 210-308-6448.