Military Divorce & Military Spouse Benefits Forms


How a Military Spouse Affects a Divorce

Although joining the military can provide several benefits, a happy and healthy marriage is not always one of them. In 2011, the military separation rate and military divorce rate both reached their highest levels since 1999. USA Today reports that over 30,000 members of the armed forces filed for an army divorce in 2011.

According to experts in family law, military spouse divorce is basically the same as civilian divorce. Only a few military divorce laws exist, and current divorce law applies to civilians and military personnel alike. However, a few special considerations must be made by anyone who wishes to divorce military spouse.

Beginning a Military Divorce

After the initial paperwork is filed, it is necessary to serve the divorce papers to the spouse, but serving divorce papers to personnel stationed overseas can be problematic. Some states allow the papers to be served through certified mail to a registered APO/FPO address, but other states require in-person service.

Child Support and Military Spouse Benefits

The amount of child support paid in military divorces is determined by state law, but it is often easier to collect from service members than from civilians because all of the armed forces except the Air Force have rules regarding the minimum amount service members must pay to support their children, whether they are married or not. In most cases, child support is paid through a wage assignment that comes directly out of the member's paycheck.

Other military spouse benefits must also be considered, including health insurance and any existing survivor benefit plan (SBP). An SBP is a type of life insurance that continues to provide a military spouse with an income even after the military member's death. Many courts require military personnel to purchase an SBP upon divorce, and the benefits carry over to the former spouse after the divorce is final.

Military Retirement and Divorce

Military retirement divorce issues are among the most confusing issues when going through divorce in the military. A law known as the Uniformed Services Former Spouses' Protection Act (USFSPA) governs how a military pension is handled in a divorce. The USFSPA also covers other issues involving divorce and military retirement, such as health benefits.

One of the primary benefits provided by the USFSPA for a military spouse is the payment of a portion of military retirement benefits by the divorced service member. However, determining the instances when a spouse is entitled to benefits and how much should be paid may require the assistance of a military attorney. The greatest retirement benefits are available from service members who have been on active duty at least 20 years and for spouses who have been married to them for the full 20 years, but other benefits may be available for spouses who have only been married to military personnel for 15 years or less.

Top Questions about Military Divorce & Military Spouse Benefits Forms

  • What is a DD form 2058 for military spouse?

    The DD Form 2058 is used to establish residency for military members and their dependents, including divorced spouses. This form helps determine eligibility for various benefits, including tax exemptions and military spouse benefits forms. By completing this form accurately, you can ensure that you receive the appropriate support and resources after a military divorce. It's essential to understand this process to maximize your benefits.

  • Can my wife take my VA benefits in a divorce?

    In a divorce, your wife may be entitled to a portion of your VA benefits, but this typically depends on the circumstances of your marriage and the specifics of your benefits. It's important to consult legal resources and understand the implications of Military Divorce & Military Spouse Benefits Forms in this context. Proper documentation can clarify what benefits are subject to division.

  • What happens when a military member gets divorced?

    When a military member gets divorced, several legal and financial matters must be addressed, including division of assets, child custody, and spousal support. The service member's benefits may also be affected, which requires careful consideration. Using Military Divorce & Military Spouse Benefits Forms can streamline the process and ensure all aspects are handled appropriately.

  • How to report divorce to DFAS?

    To report a divorce to the Defense Finance and Accounting Service (DFAS), you need to submit a copy of the divorce decree along with any relevant Military Divorce & Military Spouse Benefits Forms. This ensures that your benefits are updated accurately and promptly. It is essential to follow the specific guidelines provided by DFAS to avoid any delays.

  • Am I entitled to my ex-husband's military benefits?

    You may be entitled to your ex-husband's military benefits, particularly if you were married for a significant duration while he served. Eligibility depends on factors such as the length of the marriage and the service member’s time in service. Understanding Military Divorce & Military Spouse Benefits Forms can provide clarity on your rights.

  • Can divorced military spouse benefits?

    Yes, divorced military spouses are entitled to specific benefits under certain conditions, particularly if the marriage lasted at least 10 years and the service member has at least 10 years of service. This can include access to health insurance, retirement benefits, and more. Utilizing Military Divorce & Military Spouse Benefits Forms can assist in securing these benefits.

  • Do divorced military spouses get benefits?

    Divorced military spouses may still receive certain benefits, depending on various factors such as the length of the marriage and military service. Generally, they can qualify for benefits if they meet specific criteria outlined in military regulations. Utilizing the Military Divorce & Military Spouse Benefits Forms is crucial for navigating these entitlements and ensuring you receive the support you're eligible for.

  • Does TRICARE end immediately after divorce?

    After a military divorce, TRICARE coverage doesn't end immediately. It may continue for a limited time, typically up to 30 days post-divorce, allowing for necessary arrangements. To maintain benefits, divorced military spouses must complete the required Military Divorce & Military Spouse Benefits Forms to add themselves to their own health plan or transition to other available options.

  • How long does it take to recover financially after divorce?

    Recovering financially after a divorce can vary greatly depending on personal circumstances, such as income and assets. Many individuals find it takes several months to years to regain financial stability. To aid in this process, utilizing military divorce and military spouse benefits forms can help streamline financial settlements and improve your recovery strategy.

  • How long does TRICARE cover a spouse after divorce?

    TRICARE coverage for a spouse typically ends upon divorce unless they qualify for transitional coverage like the 20/20/20 rule. Under this rule, if you were married for 20 years, and the military member served for 20 years, you remain eligible for TRICARE. Using military divorce and military spouse benefits forms can help you understand your options for health coverage more clearly.

Tips for Preparing Military Divorce & Military Spouse Benefits Forms

  1. Carefully select a state to file for divorce. Some states offer more beneficial conditions for a divorcing party in comparison with others when it comes to legislation, ease of processing, and expenses. However, before drafting Military Divorce & Military Spouse Benefits Forms, you must check whether you meet the residency requirements of the respective state. Also, you need to take into account that if you proceed with divorce first in the selected state, this state , as a rule, takes jurisdiction over the legal procedures.
  2. Research your finances and outstanding debts. To actually get your fair share after your dissolution of marriage, you need to understan better what both you and your partner owe and own jointly and independently. The court requires both parties to disclose where a couple stands financially and send this information along with other divorce documents.
  3. Plan funds and property division and child custody with your partner ahead of time. Provided that you agree on everything, you can indicate it in the marital resolution agreement and move forward with an uncontested divorce. It’s much less pricey and more peaceful compared to a contested. You can find all the needed documents, including Military Divorce & Military Spouse Benefits Forms required for an uncontested divorce in the US Legal Forms catalog.
  4. Proceed with collecting divorce papers. The dissolution process is started as soon as you submit the Petition for Dissolution of Marriage. Depending on your situation, you might need to include more documents later on. You can find the required divorce documents and information on creating Military Divorce & Military Spouse Benefits Forms using US Legal Forms and its easy order option. Based on your answers, the system will put together the state- and scenario-specific papers for you.