Can I Share My Spouse’s Military Retirement?
If you get a military divorce, you may be entitled to a portion of your spouse’s retirement if you meet the 10/10 rule. The rule states that there must be at least 10 years of marriage which overlaps with 10 years of military service.
If My Military Pay Is Garnished, Can I Stop It?
Finding out that your military pay will be garnished is shocking. However, it’s important to understand that a garnishment is based on a court order. The only way you can put a stop to the garnishment is to get another court order that terminates it.
If I Received Divorce Papers While on Active Duty, What Can I Do?
If you’re on active duty when you receive your divorce papers, you may not be able to go to court and that’s understandable. Fortunately, the Servicemembers Civil Relief Act may be able to help you. The organization can help you fill out an application for an additional stay. If the court doesn’t grant an additional stay, the court is required to appoint counsel to represent the military member in the proceedings.
What Options Do I Have If My Spouse Dies Before Me?
If you stayed home and supported your spouse’s military career while you were married, receiving a portion of his or her pension can help you financially. However, if your spouse happens to die before you, the pension payments will stop. One way to continue receiving support after your spouse’s death is through the Survivor Benefit Plan. The military member can pay into the plan and the beneficiary will receive the benefits when the service member dies.
Will I Lose Housing If I’m a Military Spouse?
Yes, if you are a military spouse living in installation housing, you are required to move out within a certain timeframe. If you are the one filing for divorce, you should first make sure that you will have somewhere to live. You may be able to negotiate moving expenses in your divorce settlement.
Can I Keep My Health Insurance?
The subject of health is a common concern for military spouses getting a divorce. It’s no secret that health insurance can be very expensive. If you have been married to your spouse for at least 20 years and 15 of those years overlap 15 years of creditable military service, you may continue to receive TRICARE medical coverage. If you don’t meet this requirement, you may still be able to buy into the Continued Health Care Benefit Program.
How Can I Make My Divorce Less Stressful?
Like traditional divorces, military divorces can be very stressful. However, you can take steps to make the process less difficult. First and foremost, try to remain civil with your spouse. Although you may feel angry and resentful, yelling and screaming at your spouse will just make you feel worse. It may also be helpful to stay off social media, exercise regularly, write in a journal and talk to a licensed therapist.
If you need assistance with your military divorce, contact an experienced divorce attorney.
