Family Law Blog

Will I Lose Military Benefits After Divorce?

Thursday, April 05, 2018

If your spouse is in the military and you are considering a divorce, the potential loss of military benefits shouldn't sway your decision. However, because couples often depend on these benefits, it is worthwhile to know what you will lose and what you will keep.

Military Benefits For You and Your Children

If you have dependent children from your marriage, they will still receive military benefits from your ex-spouse. Your children will be able to receive TRICARE health coverage until they are 22 or until they marry.

However, while it doesn't matter how long you were married for children to keep their benefits, it does for you. As an ex-military spouse, you need to consider the 20/20/20 rule when it comes to whether or not you will receive benefits after divorce. This includes:

  • You were married 20 years
  • Your ex-spouse served for 20 years
  • You were married for 20 years of that military service
  • You are not remarried
  • You don't have a health plan through an employer

If all of the above are true, then you can still collect military benefits after a divorce. Under the 20/20/20 rule, you will be allowed full coverage until you are 62 years old or otherwise eligible for Medicare. However, even if you do not fully meet the 20/20/20 rule, such as you were only married for part of their service, you will still receive some limited benefits after divorce.

Are you going through a divorce with a spouse that was in a branch of military service, past or present? Contact us today to see what we can do for you. Military service doesn't so much change the divorce process, but it can affect what benefits you receive after the divorce. The Law Office of Jamra & Jamra can help you sort out how you will take care of yourself and your family after the divorce is final.