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Military Divorce Laws

Military divorce can be a stressful time and many questions arise. Many people want to learn as much as possible when dealing with military divorce laws, and they ask the Military Experts. Experts answer a wide range of questions about military divorce and military spouse divorce rights. Below are five of the top questions answered by the Experts.

If a military couple was married in a state as non residents, but still reside in the state, do they file for divorce in the state?

If you were married in a state as non residents, but still live in the state, you can file for divorce in the state as long as one of you have resided there for at least six months. You must also reside in the county that you file in for at least three months after filing the petition for divorce. Legal residence is viewed by the military as the place in which a serviceman or woman chooses to return to after military service. Generally, this residence is considered the individuals permanent home.

If a military couple is married for 20 years and divorce, will the non military spouse still receive military medical benefits?

If you are married to your spouse for at least 15 of the 20 years in which they served in the military, and you divorce, you should be entitled to medical benefits as long as the spouse is still alive and you do not remarry. You could also be entitled to a portion of retirement if they retire.

In 1982, a law was passed which allows a state divorce court to award a portion of a service member’s retirement pay as marital property. The Uniformed Services Former Spouses Protection Act (USFSPA) usually permits the state to award a portion of retirement pay, it is not a requirement. Each state may differ when dealing with the treatment of military retired pay. Usually, in community property states, a portion of the military spouse’s retirement pay is considered community property and the non-military spouse is generally entitled to half.

If military spouse files for divorce three months short of his 20 year retirement, will the other party still receive military retirement benefits?

Usually, a divorce may take from three to six months from the time a person files to the final judgment. The length of the divorce will vary from state to state so you may want to consult with a local family law attorney. This doesn’t mean that you need to hire an attorney, but a lawyer can give you a better idea of how long a divorce will take in your area. You could also talk to a Military Lawyer on JustAnswer for more legal insight on how military divorce retirement pay works. To figure how much pay a spouse would receive, you would have to determine how many years the couple was married while the officer served, for example, if you were married to someone for 16 years out of the 20 years the officer served, generally you would receive a portion of his monthly retirement payments of 16/20 which would break down to 40%.

In a military divorce, is a spouse entitled to Tricare Medical Insurance coverage?

In order for a person to receive Tricare Medical Coverage, you would have to qualify. A court may require a spouse to purchase a similar policy, but the court has no authority over Tricare medical coverage. However, if you were married for 20 years while also serving 20 years in the military service, you would qualify on your own for Tricare. If you were close to reaching that milestone but had to divorce due to abuse or neglect from your spouse, you could request that the court state this situation in the divorce decree. You could then make a claim for Tricare medical coverage and probably receive it.

In the event of a military divorce, is the non military parent who cares for the couple’s children at home and does not have a job, entitled to any type of spousal support?

As in any divorce, it is up to the court to determine the division of marital property and who will receive custody of the children. The court will also decide who will pay what (bills, support, as well as pension). There are several factors to consider when requesting spousal support.

Contributions made by the recipient towards the payer’s education and career., time the recipient spent performing domestic duties, hindering the recipients chance of earning a wage, the payer’s ability to pay, the needs of both parties which is based on marital standards of living, what impact on the children if the care giver had to work, and the age and health of both parties. These are just a few of the possible factors that the court will take into consideration.

Serving in the military can be stressful enough without the added pressure of a military divorce. If you need legal insight on military divorce law and military divorce entitlements, ask the Military Experts. The Experts answer a wide range of military divorce questions and can offer a solution to your individual situation in a fast and knowledgeable manner.
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