Beat the Clock: Deadlines in a Military Divorce Case

In military divorce cases, it’s important to meet deadlines to ensure eligibility for federal and military benefits like survivor benefits and medical care. For military pension division orders, there’s no specific deadline, but delays can lead to problems like back payments and a reduced share of the pension for the spouse. There’s also a risk of arguments about timeliness if the order isn’t submitted promptly. It’s important to act quickly to avoid these issues. The Survivor Benefit Plan (SBP) provides military retirees with a way to ensure their former spouse continues to receive their pension after they pass away. The former spouse must be named in a court order or separation agreement, and the election for SBP coverage must be made within one year of the divorce decree. If the servicemember fails to submit the necessary paperwork, the former spouse can still request coverage within one year of the court order. It’s important to keep track of these deadlines to avoid missing out on this important benefit. When a military member retires, they need to choose whether to provide survivor benefits to a former spouse. This choice must be made before retirement, or the former spouse may miss out. Once retired, it’s too late to make this decision. If the former spouse has a court order for these benefits, they have one year after the divorce to make their decision. It’s best for the former spouse to receive their share of the pension directly from the military, to avoid any problems with the servicemember not paying. If a military member is getting a pension and gets divorced, their ex-spouse can get some of the pension money. Some people think there has to be 10 years of marriage overlapping with 10 years of military service for this to happen, but that’s not true. The ex-spouse can still get some of the pension money even if the 10/10 rule isn’t met. The rules are different for National Guard and Reserves members, but they can still qualify for pension money with 10 “good years” of service. It’s important to include how the 10/10 rule was met in the divorce order for it to be honored by the retired pay center. If a former spouse was married to a military member for at least 20 years, and the military member served for at least 20 years, the former spouse can get full medical benefits. For shorter marriages, they can look into a health insurance program. These benefits come from the law and are not negotiable. The divorce judgment affects the former spouse’s rights. If a former spouse wants a share of the military member’s retirement pay, they need to apply within a certain time frame. Some court cases have shown that former spouses may not be able to claim a share of the retirement pay if they apply too late. This text contains references to specific laws and regulations related to military benefits for former spouses, including health care, retirement pay, and survivor benefits. It also mentions court cases and a book on military divorce. It’s important to note that the information provided is for educational purposes only and should not be considered as legal advice. If you want to get part of your ex-spouse’s military retirement pay after a divorce, you need to include specific language in your divorce agreement. You can ask the finance center to send the money directly to you. You can still get a share of the retirement pay even if your marriage to the service member was less than 10 years. To get military health care, you can’t be remarried or have health insurance through work. If your marriage is annulled, you can still get the benefits. Transitional health care was created as a temporary measure for former spouses who lose their military health care benefits. To qualify, the former spouse must be un-remarried, have no employer-sponsored health insurance, and meet the 20/20/15 requirement. This means being married to the member for at least 20 years, the member having at least 20 years of service, and the marriage overlapping at least 15 years of the creditable service. After a divorce, the former spouse is eligible for full military health care for one year and can enroll in a civilian group health care plan negotiated by the Department of Defense. Full health care includes health care at military treatment facilities and through the TRICARE insurance program. A former spouse of a reserve component retiree can receive full health care upon the retiree’s 60th birthday if they meet the qualification rules. The Department of Defense has a program called CHCBP that provides temporary health benefits for eligible beneficiaries. It’s not part of TRICARE, but it offers the same medical benefits. Former spouses of retired members can also get commissary and PX benefits, as long as they are unmarried. If they remarry and then get divorced again, they can still receive these benefits. In some overseas locations, the benefits may be limited by the laws of the host country. If a military member is discharged for bad behavior or abusing their family, their retirement benefits can be taken away. However, their spouse may still receive a share of the retirement pay if they were married for at least 10 years. And if a non-retired military member is discharged because of family abuse, their family may receive monthly payments. A lawyer who knows a lot about military divorce wrote this.

Source: https://www.floridabar.org/the-florida-bar-journal/beat-the-clock-deadlines-in-a-military-divorce-case/