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FACT #7: Don’t rush the divorce or retirement; 20-20-20 medical coverage is valuable . If there is military service of at least 20 years, a marriage that has lasted at least 20 years, and an overlap of at least 20 years, then the former spouse is entitled to TRICARE and military medical treatment. Be sure that those deadlines are met, if possible.
The act simply allows a state divorce court to treat military retirement pay as property of the military member, or joint property, depending on the laws of that particular state (in other words, if the state law allows division of civilian retirement pay for divorce, it will usually also allow division of military retired pay for divorce).
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Military Divorce Laws. Military divorce is governed by both state and federal laws. For example, federal laws may affect where divorcing couples end up in court or how military pensions are divided, whereas state laws may affect how alimony and spousal support may be issued. Which particular state laws apply depend on where the divorce is filed.
What benefits a wife of a veteran receives in a divorce is a complicated issue governed by a range of federal and state laws. Divorce cases are governed by state laws, with state divorce courts deciding any issues in the cases. However, federal law grants state courts the right to divide military benefits as long as specific conditions are met.
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Those are the three things people always want to know during a military divorce: How will property and a military pension be divided, will someone have to pay.
Military divorce and separation issues are fairly complex because they may be governed by a combination of military codes, state divorce laws and Federal statutes. For example, military laws and Federal statutes will determine the division and/or distribution of military pay, military benefits (retirement and health), and certain types of property.
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Understand what you need to consider as you go through the legal process of divorce. Military legal assistance can help you with free services.