Military Spouse Benefits Divorce – Claim Yours Now!
Divorce is a perplexing, challenging, and stressful period For military spouses. The time, cost, and emotional toll of a divorce may be decreased by getting a broad awareness of how this process functions. These difficulties can include figuring out child custody, marital relationships, whether any post-divorce benefits, etc. In this article, we will discuss the benefits of military spouse divorce. We will also discuss the proceeding details of military spouse divorce. So let’s move into it.
What Are The Benefits Of Being A Military Spouse During A Divorce Proceeding?
Following are the benefits Of Being A Military Spouse During A Divorce Proceeding, irrespective of the duration of marriage:
A military spouse can receive many benefits, like the courts having the authority to provide a previous wife a part of the military pension. The short duration of marriage reduces the number of benefits.
Thrift Savings Plan (TSP):
A thrift saving plan is a contribution plan which deals with the benefits of a military spouse. This plan is very like 401(k) or IRA. It only deals with military family issues. Thrift saving system is gaining more and more because of new need system. Thrift Savings Plan provides the easiest military benefits.
Post 9/11 GI Bill Benefits:
Post 9/11 GI Bill deals with college education benefits, including a book/supply stipend. It also includes tuition reimbursement and a monthly housing allowance depending on BAH. Post 9/11 GI Bill granted $160k to a military family.
VA Disability Payments:
Veterans Administration disability benefits are not a moveable asset. The VA Waiver may not lower a former spouse’s part of the military retirement or order an “insurance policy” for them. It is against federal law.
How Will Being A Military Spouse Affect The Outcome Of My Divorce?
Following are the factors affecting the divorce of Military Spouse.You will cling to all your benefits until you divorce, even under the 20/20/20 law.
You have to leave your Military owned house within 30 days after divorce.
The Military will pay the moving costs of a non-military spouse, but a divorced could settle it for movement within the state.
You will no longer have TRICARE services after your divorce. Biological and adopted militants’ children are eligible to get TRICARE services only if they are under 21 years old. To get more, go to the TRICARE website
Spousal and child support:
Military services offer temporary policies for military members to support their families after separation. You could get alimony from the Government by sending the court order to Defense Finance and Accounting service.
What Should I Do If I Am A Military Spouse and Going Through A Divorce?
A legal house, or “domicile,” helps you to get a divorce and corresponding processes. It comprises fair distribution of property or assets. Your lawyer will look for your connections with the particular state, including your driving license, email address, vehicle registrations, passport, ID cards, permits, and taxes—these help lawyers to use a questionnaire.
A divorce lawyer can assist a military spouse going through a divorce:
Check to see if you can apply for divorce in Pennsylvania. Generally, suppose one wife resides in Pennsylvania, or a military spouse has a military residence of record in Pennsylvania for at least six months before filing for divorce. In that case, you may file for divorce there.
Respect the military family waiting period, which is required. If one spouse, or both spouses, are serving in the Military, there is often a 90-day waiting period before filing for divorce. This waiting time still applies even if you have been living apart for longer than two years. Fix the custody, property, and monetary problems.
Can I Get Alimony Or Child Support As A Military Spouse?
You can get alimony or child support through the Department of Health and Human Services (DHHS). It provides child support and alimony after a Divorce or Unmarried Parental Rights court order. DHHS could be collected through a military pension, current employer, bank accounts, and tax returns. Learn more about DHHS child support collection here. DHHS will not help with child support and collection If there is only a spousal support court order. You can get present and past collections via DFAS. For more support Defense Finance and Accounting Service’s website
How Can I Get Help If I Am A Military Spouse And Need Legal Assistance?
Use military websites to get help with legal issues of the military spouse. You can use the Website for Armed Forces Legal Help. After opening the websites, you have to enter your state or zip code. The closest legal aid offices will be listed on the internet. Keep in mind that you could still be seen if the nearest legal aid office is run by a different branch of the armed forces. Make a reservation by calling. But there are some circumstances in which the court does not allow help. Some of them are given below:
- Disputes against the state
- Serious criminal issues
- Giving expert help to outsiders or rival parties on the same topic.
- Penalties for drunk driving
- legal issues with your held business
Frequently Asked Questions (FAQs)
Does a military spouse keep benefits after divorce?
No, the military spouse will not keep benefits after divorce. Spouses will not receive benefits after military death. According to the Former Spouses’ Protection Act, Veterans Administration disability benefits are not divided as property after divorce. The same holds for military medical retirement benefits. That’s why military spouses will not keep benefits after divorce.
Where can I find help?
Several resources can help you to navigate divorce. Consider the following resources as first help; they will provide many other options too. Some of these helpful resources are given below:
A military program can help you to explore private, non-medical counseling services. Additionally, you can contact a military chaplain. Military and family life programs can help you in the whole process.
Find local NGOs that offer marriage therapy or help online. Many of these groups are affiliated.
What is the 10/10 Rule?
The 10/10 rule says that if military marriage remains for ten years of military life and your spouse did military work for ten years, people will be able to receive benefits. DFAS will provide them with a reward on retirement. If people don’t fit the criteria, it causes people to believe that they are ineligible for any benefits.
Will the Military provide a lawyer during the divorce?
The quick answer is both yes and no. The Judge Advocate General (JAG) Corps of the Military offers free help to service members experiencing a divorce. But JAG will not support you in court. That is why you want to think about hiring a skilled divorce lawyer. The military serviceman can proceed with the divorce after using interim legal aid and hiring a divorce attorney. It may include a brief stay if the person is gone or on active service in another nation so that they may travel there and attend the divorce proceedings.
The above discussion discussed the military spouse divorce and its pros and cons. The above discussion reveals that after divorce spouse receives many benefits. For receiving benefits, there are some terms and conditions discussed above. So one should be very careful about receiving benefits after military divorce.