If you are a spouse married to a person in the military or has been in the military and you are thinking of getting a divorce you should make sure that you hire an attorney that is aware of all the possible military benefits you may be entitled to.
A former spouse who was married to the service member for at least 20 years qualifies for military benefits after the dissolution. Pursuant to 10 US Code 1072(2)(F) http://www.law.cornell.edu/uscode/html/uscode10/usc_sec_10_00001072—-000-.html, a former spouse of a service member is defined as a dependent, and therefore entitled to all military benefits and installation privileges, including medical, commissary, military exchanges (PX/BX), etc.
Former spouses who meet these criteria are covered:
1. Married to the service member at least 20 years,
2. The service member had at least 20 years of creditable service, and
3. There were at least a 20-year overlap between the marriage and the military service.
Divorcing before the service member has attained 20 years of creditable service for retired pay purposes can be detrimental to the non-military spouse. For couples who are close to the 20-year point, it is recommend that you remain married until you attain the 20 years overlap, so that you can qualify for benefits under the 20/20/20 rule.
If you are in the military or the spouse of a service member and have questions about getting a divorce contact Josh Ben at 248-540-0677.
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