How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Peter Griesch Your Own Question
Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
89571709
Type Your Military Law Question Here...
Peter Griesch is online now
A new question is answered every 9 seconds

What are the monetary benefits due to a non-military spouse

Customer Question

What are the monetary benefits due to a non-military spouse of a military member with 23 years of service in a divorce settlement. Spouse is not working due to medical disabilities.
Submitted: 9 months ago.
Category: Military Law
Expert:  Peter Griesch replied 9 months ago.

Thank you for your inquiry.

An unmarried “20/20/20” former spouse qualifies for medical benefits and commissary and exchange privileges, and possibly military retirement pay if all of the following requirements are met:

  • The parties have been married for at least 20 years (date of marriage to date of divorce decree or annulment);
  • The service member performed at least 20 years of service creditable for retirement pay; and
  • There is at least a 20 year overlap of marriage and the military service.

A former spouse who has employer-sponsored medical insurance is not eligible for military medical care or TRICARE. If the employer plan is optional, the former spouse may decline that insurance and remain eligible under TRICARE.

Additionally, you may be eligible for a portion of military retirement pay if the divorce judge included military retirement pay in the divorce decree and support order. You can request that military retirement pay be paid directly to you by sending a copy of your divorce decree and support order to DFAS athttp://www.dfas.mil/garnishment/usfspa/apply.html.

Please let me know if you have any additional questions.

Expert:  Peter Griesch replied 9 months ago.

Please let me know if you have any additional questions. If not, please remember to rate my response using the star system above. I only receive credit from Just Answer if my response is rated. Thank you.

Expert:  Peter Griesch replied 9 months ago.

Please let me know if you have any additional questions. If not, please remember to rate my response using the star system above. I only receive credit from Just Answer if my response is rated. Thank you.

Related Military Law Questions