Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and nearly 20 years of experience in the legal field. I’m happy to be of assistance.
When you are talking about military law, there really are not a lot of controlled military law rights for spouses. By "controlled" I mean things that are rights that you would be entitled to.
First, there is the 20/20/20 rule, which states that if your marriage lasted at least 20 years AND it overlapped at least 20 years of his military service, you'd be entitled to retain your ID card, Tricare insurance and PX/Commissary privileges.
If you don't meet the 20/20/20 rule, you'd not be entitled to any of those things. If you can get to 20/20/15 rule (meaning he served 20 years, your marriage was 20 years and 15 or more years overlapped his military service) you can get one year of transitional Tricare coverage.
As for any funds that he receives on a regular basis due to disability and/or retirement, those are matters handled by the state court. Nothing in military law dictates a result, in terms of alimony or asset division. Courts are allowed to divide military retirement, but they don't have to. Courts are allowed to consider his disability payment as a form of income, for purposes of deciding alimony, but again they don't have to. All the laws concerning these assets did, in terms of military payments, is give the state courts the same rights to choose how they act as they had with civilian forms of retirement. Again, the laws do not dictate a result, so this is a matter for the court decide.
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