Divorced Spouses and Military Benefits (2024)

FAQs

What are divorced military spouses entitled to? ›

The spouse shall receive 50% of the marital share of the service member's disposable retired pay. The marital share is the fraction, the numerator is ____ months of marriage during the service member's creditable military service, divided by the total number of months of the member's creditable military service.

The 10/10 Rule states that if you were married at least 10 years and your spouse performed 10 years of military service, then you'll receive any awarded military retirement directly from Defense Finance Accounting Service or DFAS.

Before we go any further in discussing BAH after divorce, we should point out that BAH is a benefit that is payable to the service member. Unlike some military benefits, BAH is not paid to a former spouse. However, while former spouses do not receive BAH, they may still benefit from BAH received by the service member.

Ultimately, VA and DOD benefits are either non-existent or minimal for former civilian spouses. These programs are designed to benefit our military members and their dependent family members. Divorce effectively terminates this relationship and therefore one's eligibility for these government programs.

Remarriage can alter a former spouse's eligibility for SBP benefits. Generally, under Defense Finance and Accounting Service (DFAS) rules, remarriage before age 55 results in the loss of SBP benefits. However, there are notable exceptions, such as the “10-Year Rule” and provisions under the “Former Spouse Equity Act.”

Under the 20/20/20 rule, an unmarried former spouse will be treated exactly the same as the retired military member, or as a spouse of a deceased military retiree. Note: Only former spouses meeting the requirements of the 20/20/20 rule are awarded these full military benefits for the remainder of their unmarried lives.

At the time of departure, the Soldier is required to pay the spouse a one-time amount of $188.02 (EIFS) PLUS the pro-rated amount of the monthly support obligation of $752.10. Each subsequent month that the two are separated, the Soldier must only pay the BAH RC/T WITH amount.

There is no hard and fast rule on this. Generally, a claim can be brought at any time until a consent order is put in place. However, waiting too long after your divorce could make obtaining a share of your former spouse's retirement benefits more difficult, or even impossible.

Former Spouses

Former spouse's benefits will end at 12:01 a.m. on the day of the divorce or annulment, unless he or she meet certain requirements. If these requirements are met, former spouses: Remain eligible for TRICARE.

The military continues treating spouses as married until there is a divorce judgment. This means that the non-service member spouse is eligible to remain in military housing during the divorce process. In fact, the non-military spouse is afforded 30 days after the divorce is finalized to remain in military housing.

Do divorced spousal benefits reduce my benefits? ›

If my ex claims against my record, my own retirement benefit will be reduced. Not so. Your ex's claim does not reduce or affect your benefit in any way. Under the Social Security program, all amounts paid to beneficiaries are calculated benefits based on a specific starting point.

Former spouses may be entitled to TRICARE medical coverage if he or she meets certain requirements: The service member performed at least 20 years of creditable service. The marriage lasted at least 20 years. The period of the marriage overlapped the period of service by at least 15 years.

Is a divorced spouse entitled to VA disability benefits? No. Under federal law, VA disability benefits are not marital property which courts can divide in a divorce.

Provisions of 38 CFR 3.50 as They Apply to a Surviving Spouse. Under 38 CFR 3.50, in order to qualify as a surviving spouse for Department of Veterans Affairs (VA) purposes, a person must be unmarried. Therefore, a surviving spouse who remarries is no longer eligible to receive VA benefits.

No, the Department of Veterans Affairs has a strict rule that, in order to receive Aid and Attendance as a surviving spouse, which is referred to as "death pension," the surviving spouse cannot have been divorced from their former spouse who was a wartime veteran.

If the Servicemember Remarries

If a military retiree remarries after a divorce, the new spouse can be covered under the SBP. However, if the retiree had elected former spouse coverage, the new spouse would not be eligible for SBP benefits.

To qualify for most benefits, the spouse must have been married to the veteran for at least a year. In some cases, if the spouse of a veteran remarries, benefits may be terminated.