What is a Military Spouse Entitled to in a Divorce?
Divorce is a difficult and often complex process, and it can be even more challenging when one or both spouses are in the military. Military spouses face unique challenges, including deployments, frequent relocations, and the emotional toll of their partner’s service. If you’re a military spouse considering divorce, it’s essential to understand what you’re entitled to during this process.
Key Protections Under the Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) is a federal law that provides various protections for military personnel, including their spouses. One of the key benefits of the SCRA is that it requires creditors to temporarily suspend or reduce interest rates on certain debts, such as mortgages, credit cards, and auto loans. This protection is automatic, meaning creditors cannot require a military spouse to pay full interest rates without first giving written notice of the right to suspend or reduce the interest rate.
Benefits for Military Spouses Under the SCRA
The SCRA provides several benefits to military spouses, including:
• Rent and lease protections: Military spouses may terminate residential leases without penalty if their spouse is called to active duty.
• Debt protection: Military spouses are entitled to temporary relief from certain debts, including credit cards, mortgages, and auto loans.
• Eviction protection: Military spouses cannot be evicted from a rental property during the initial 12-month period after the military spouse’s deployment.
Entitlements Under Military Pension and Survivor Benefits
If you’re a military spouse, you may be entitled to receive a portion of your former spouse’s military pension benefits. This is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA).
What You’re Entitled to as a Military Spouse
As a military spouse, you’re entitled to the following:
• 25% of your former spouse’s base pay: During the first 12 months of your divorce proceedings, you’re entitled to 25% of your former spouse’s base pay, regardless of the length of your marriage.
• 10% to 50% of your former spouse’s disability pay: If your former spouse receives disability pay due to their military service, you may be entitled to a portion of that benefit, depending on the length of your marriage.
• 20 years of marriage: If you’ve been married to your former spouse for 20 years or more, you may be entitled to 50% of their retirement pay.
Military Survivor Benefits
If your spouse passes away during military service, you may be eligible for military survivor benefits, including:
• Survivor Benefits Plan (SBP): SBP provides a tax-free monthly annuity to survivors, including spouses, former spouses, and dependent children.
• Dependency and Indemnity Compensation (DIC): DIC provides a tax-free monthly benefit to survivors who were eligible for, but did not receive, SBP.
Court-Ordered Support and Property Division
During a divorce, military spouses are entitled to receive court-ordered support and property division. The Uniformed Services Former Spouses’ Protection Act (USFSPA) ensures that court-ordered support and property division orders are recognized and enforced by all 50 states and the District of Columbia.
Military Spouse Retirement Benefits
As a military spouse, you may be entitled to retirement benefits if your spouse retires or separates from the military. The amount of benefits you’re entitled to depends on the length of your marriage and the type of benefits your spouse receives.
Conclusion
Divorce is a challenging process, especially for military spouses who face unique challenges. Understanding your entitlements under the SCRA, USFSPA, and military pension and survivor benefits can help ensure a smoother divorce process. By knowing what you’re entitled to, you can better protect your financial security and provide for your future.
Table: Entitlements Under Military Pension and Survivor Benefits
| Benefit | Length of Marriage |
|---|---|
| 25% of former spouse’s base pay | 1 year or less |
| 10% to 50% of former spouse’s disability pay | More than 1 year |
| 50% of former spouse’s retirement pay | 20 years or more |
Key Takeaways
- Military spouses are entitled to automatic protection under the SCRA, including debt and rent/lease protection.
- The USFSPA governs military pension and survivor benefits, including 25% of base pay and 10% to 50% of disability pay.
- Military spouses may be entitled to retirement benefits if their spouse retires or separates from the military.
- Understanding your entitlements under the SCRA, USFSPA, and military pension and survivor benefits can help ensure a smoother divorce process.
Additional Resources
- National Military Family Association: A non-profit organization that provides support and resources to military families, including information on divorce and separation.
- Military OneSource: A Department of Defense program that provides counseling, support, and information on various military-related topics, including divorce and separation.
- Department of Veterans Affairs: The official government website for the Department of Veterans Affairs, providing information on veteran benefits, including survivor benefits and pension payments.
