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

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What are the monetary benefits...
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: 2 years ago.Category: Military Law
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Answered in 45 minutes by:
2/15/2016
Military Lawyer: Peter Griesch,
 replied 2 years ago
Peter Griesch
Category: Military Law
Satisfied Customers: 324
Experience: Tax Counsel at AIG, Inc.
Verified

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.

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Military Lawyer: Peter Griesch,
 replied 2 years 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.

Ask Your Own Military Law Question
Military Lawyer: Peter Griesch,
 replied 2 years 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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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