The military offers extensive benefits to service members, their spouses and their families. How these benefits are handled in a divorce is addressed by the Uniformed Services Former Spouse Protection Act. This law states in detail the prerequisites and allowances afforded to a military spouse during a divorce. The issues involved in military divorce cases often are complex and complicated, so always speak with a qualified attorney in your area.
Less Than 10 Years
The Uniformed Services Former Spouse Protection Act, 10 U.S.C. 1408, sets out the minimum requirements for a divorced spouse to qualify. Essentially, you must be married to your spouse while he was in the military for at least 10 years before you can receive any military benefits as a part of the divorce. If you don't meet this minimum requirement, you are not entitled to benefits, including retirement pay, military health care, commissary privileges.
However, if you don't meet the 10-year requirement, that doesn't mean you won't receive anything. Each state has its own divorce laws, and all states allow for alimony and child support payments. These can be a part of any divorce, regardless of whether you qualify for benefits under the military spouse protection act.
10/10
If you were married to your spouse for at least 10 years, and the spouse spent at least 10 years in the military during that time, you are entitled to some military benefits. This "10/10" rule states that divorce courts can consider military retirement pay as property subject to division by the court. This means that state courts can use the retirement pay to which your ex-spouse is entitled as a factor in determining property distribution, child support or alimony. However, divorce decrees entered before June 25, 1981, are not subject to this rule.
20/20/15 and 20/20/20
Marriages that lasted for at least 20 years can receive additional benefits under the military spouse protection act, as long as your husband was in the military for a long enough period while you were married.
If your marriage lasted at least 20 years, and your husband spent at least 20 years in the military with at least 15 of those years served while married to you, you are entitled to additional benefits. According to Edwin C. Schilling III, a former Air Force assistant staff judge advocate, "20/20/15" spouses are entitled to medical benefits as long as they do not have employer-sponsored care. If they ever lose employer-sponsored health care, they can reapply for military health care.
For spouses who were married for at least 20 years, with a spouse serving for at least 20 years of the marriage, you are entitled to full benefits, including medical, commissary and base exchange use. These health benefits also do not apply where your employer provides health care, but you can also reapply at any time if you lose employer health care.
