Military divorces typically aren’t more difficult than civilian divorces, but you are required to abide by special requirements. If you are in the military and wish to get a divorce, it is important to learn the specific laws regarding military divorces. That way, you can avoid making costly mistakes and streamline the divorce process.
Residency and Filing Requirements
Usually, service members and their spouses have a few choices about where they file for divorce. These choices include the state where the filing spouse lives, the state where the service member is stationed and the state where the service member claims legal residency.
Obtaining Healthcare Coverage After a Military Divorce
Following a military divorce, the non-military spouse might wonder how to get healthcare coverage. Luckily, there are a couple of options. First, there is TRICARE, which requires spouses to be married for at least 20 years during the military member’s active service. If the former spouse marries someone else in the future, he or she will lose TRICARE coverage.
If the non-military spouse does not qualify for TRICARE coverage, he or she can buy coverage from the Continued Health Care Benefit Program. The former spouse may receive the coverage for up to 36 months after the divorce was finalized.
Getting the Military Spouse’s Pension
It is a common misconception that non-military spouses have to be married at least 10 years to access their ex-spouse’s pension in a divorce. The truth is that you do not have to be married for a certain amount of time to receive a portion of your ex-spouse’s pension. The amount you receive will depend on how long the service member has been in the military and how long the couple was married. For example, if the service member was in the military for 20 years, but only had been married for 10 years, the other spouse may receive half of the pension that was earned in the 10 years.
Hiring a Military Divorce Lawyer
Military divorces can come with complexities just like civilian divorces. That is why it is important to work with a lawyer who specializes in military divorces. A military divorce lawyer, like one from Robinson & Hadeed, will know about the specific military divorce laws in your state and help guide you through the entire process.