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Family Separation Allowance Rules

Family Separation Allowance is awarded in the United States to soldiers, with dependent family members, who are ordered to serve in an area that is away from their permanent duty station in a TDY status for over 30 continuous days. The rules also states that the dependents of the soldiers should not be living at or near the military base of that particular soldier for FSA to apply. Typically, the family will receive a monthly payment of $250 dollars to assist them with living expenses. Listed below are a few questions about FSA answered by the Experts.

Does a deployment or period of active duty away from home count as separation when the spouse is a reservist?

In order for a person to get divorced in the State of North Carolina, the couple has to be separated for least one year and one of the spouses has to agree to remain separated from the other individual. Both of the spouses also need to have two different residences. Typically, a soldier’s residence remains the same during deployment and cannot be changed. Therefore, if the soldier was living with the spouse at the time of deployment and says that they were not separated, they would probably win the case. On the other hand, if the soldier agrees with the former spouse that they were separated, the deployment can be counted as separation. One way to prevent this would be if the spouse moves out of their residence.

If a woman was married to a soldier for 18.5 years of the man’s 21 year career of active duty in the Army, can the woman go on receiving Tricare/Dental benefits after the couple is divorced?

Typically, it would not be possible to obtain Tricare/Dental benefits. In order for the woman to continue to receive benefits from the former spouse, the couple would have to fulfill the 20/20/20 rule. This says that not only would the woman have had to have been married to the soldier for 20 years but the soldier should have been in service for 20 years and the period of the marriage should have overlapped those 20 years.

In this case, since the couple was married for only 18.5 years of the soldier’s career, the woman can only receive one year of transition Tricare benefits and, on expiry of that period, she would have to find her own health care and dental coverage. If the couple had children, they would not be able to receive benefits at all if the couple were divorced. However, if the woman requested the court to grant her a portion of the soldier’s retirement since they were married for so long, the money could be used to pay for the insurance.

A person’s military spouse was charged with domestic violence and arrested. If the person decides to move to a different location to protect themselves, would they still be eligible for any military benefits from the government if they divorce their spouse?

Typically, the person would have to remain married to their military spouse for a total of 20 years, with the entire period overlapping the years of service in the army, to be eligible for any benefits. However, if the army discharges the military spouse for domestic violence during the time they were married, the person could apply to the victim’s advocate on the base and check if they could receive any benefits. Alternatively, the person could seek Alimony from the divorce court as well.

Is it mandatory for the income of a soldier, with dependent family, to be disclosed to their spouse?

Although the spouse has a duty to support the dependent family, unless the court says the income should be disclosed for purposes of divorce, spousal support, child support and so on, it is not mandatory that the income be revealed.

Family Separation Allowance is a big help for families of soldiers who may need additional income to help with expenses in the household. Although the questions above may have answered a few of your questions about the issue, there may be others that are specific to your case. Direct these queries to the Military Lawyers on who can offer professional opinions and insights at an affordable cost to help with your case.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11888
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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Military Lawyers are Online Now

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