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What is a military spouse entitled to after divorce?

What is a Military Spouse Entitled to After Divorce?

As a military spouse, going through a divorce can be a challenging and complex process, especially when it comes to navigating the intricacies of military benefits and entitlements. In this article, we will explore what a military spouse is entitled to after divorce, and how to ensure they receive their fair share of benefits and support.

Immediate Rights and Entitlements

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Upon divorce, a military spouse is entitled to immediate rights and benefits, including:

  • Healthcare: Military healthcare benefits, including TRICARE, remain in place for the spouse and dependents until the youngest child reaches the age of 23 (or 25 if in college).
  • Base Privileges: The spouse retains access to military bases, including Morale, Welfare, and Recreation (MWR) facilities, commissaries, and exchanges.
  • Education Benefits: Dependents’ Education Assistance (DEA) and Veterans’ Educational Assistance Program (VEAP) benefits are available to the spouse’s children.
  • Survivor Benefits: If the spouse passes away, their former spouse may be eligible for Dependency and Indemnity Compensation (DIC), a tax-free benefit paid to the surviving spouse and children.

Long-Term Rights and Entitlements

In addition to immediate benefits, a military spouse is also entitled to long-term rights and entitlements, including:

  • Retirement Benefits: After 20 years of military service, a spouse is entitled to a Service Member’s Group Life Insurance (SGLI) benefit, which provides coverage up to $400,000.
  • Post-Separation Support: The spouse may be entitled to post-separation support, which includes spousal support, maintenance, and other financial arrangements.
  • Child Support: The spouse may receive child support if the former spouse is obligated to provide financial support for their children.
  • Property Division: The couple’s marital property is subject to equitable division, which means the property is divided fairly and based on the couple’s assets and liabilities.

Division of Military Benefits

The division of military benefits, including Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), and Thrift Savings Plan (TSP) contributions, can be a significant aspect of the divorce settlement. The spouse may be entitled to:

  • BAH and BAS: The spouse may receive BAH and BAS, which are tax-free and can be used to pay for living expenses.
  • TSP: The spouse may receive TSP, which is a retirement savings plan that can be used to fund post-separation support or education expenses.

Tax Benefits

Military spouses may be eligible for tax benefits, including:

  • Exemptions: Spouses may be exempt from paying taxes on certain types of income, such as military retirement pay.
  • Deductions: Spouses may be able to claim deductions for items such as mortgage interest and property taxes.

Disputes and Challenges

While military spouses are entitled to various benefits and entitlements, disputes and challenges can arise during the divorce process. Some common issues include:

  • Joint Custody: Decisions regarding joint custody and parenting responsibilities can be complicated when involving military personnel.
  • Child Support: Determining child support payments can be challenging, especially when military personnel are deployed or separated from their families.
  • Property Division: Equitable division of marital property can be complex, especially when involving military benefits and entitlements.

Conclusion

In conclusion, a military spouse is entitled to a range of benefits and entitlements after divorce, including immediate and long-term rights and entitlements. By understanding these benefits and navigating the divorce process, a military spouse can ensure they receive their fair share of support and benefits. However, disputes and challenges may arise, and it is essential for both parties to consult with legal and financial experts to ensure a fair and equitable settlement.

Timeline of Military Spouse Rights and Entitlements

EventBenefitDuration
DivorceHealthcare (TRICARE)Until youngest child reaches age 23
DivorceBase PrivilegesOngoing
DivorceEducation Benefits (DEA)Ongoing for dependent children
DivorceSurvivor Benefits (DIC)Ongoing
20 years of serviceService Member’s Group Life Insurance (SGLI)Ongoing
Post-separation supportPost-separation supportOngoing
Child supportChild supportOngoing
Property divisionEquitable division of marital propertyOngoing

Disclaimer

This article is not intended to provide legal advice and should not be considered as such. It is essential to consult with a qualified attorney and financial advisor to understand the specific benefits and entitlements applicable to your situation.

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