Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.
As a former spouse, there really are not very many benefits that you are automatically entitled to. Only after you're marriage has lasted 20 years (overlapping 20 years of military service) are you automatically entitled to an ID card (to have PX and commissary privileges) and Tricare coverage after your divorce. If your marriage hasn't been that long or didn't overlap enough military service, you have no automatic rights beyond the right to transitional insurance, like COBRA in the civilian world.
You also have the ability to request a division of his military retirement. This isn't an automatic right. The law doesn't work that way. All the law did was grant state courts the right to divide military retirement in the same way that they can divide civilian retirement. State courts aren't obligated, but just empowered to do so. That being said, in most instances courts will grant a division of the military retirement based on a formula that it chooses. Usually that formula takes into consideration how much of your marriage overlapped military service. For purposes of simple math, assume a 20 year military service period and 10 years of overlapping marriage, a court might grant 25% of military retirement division (50% times 10/20). That same court could also grant 0% or 50% and either result would be legal.
As for your son, he would be entitled to coverage under Tricare as a continuing dependent of your husband.
Child support and spousal support are state court determined and don't touch on military law at all.
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