Military divorces often involve complicated and seemingly arbitrary rules that award various kinds of benefits to the divorced spouses of the service member. Knowing what benefits you are entitled to, how they get divided in a divorce and how a divorce affects these military rights often takes the skills of a highly experienced divorce attorney. Your rights as a divorced military spouse require an understanding of a number of laws on both the state and federal level.
Basis
The rights of a spouse in a military divorce are based both on state and federal laws. All states have divorce laws that determine when and how divorces can file for divorce as well as what courts can award the parties in the divorce orders. However, there are also federal laws that come into play in military divorces. For example, the Uniformed Services Former Spouses' Protection Act specifically grants state courts the ability to divide military pensions in a divorce.
Time Frame
Many of the rights to which a divorced military spouse is entitled are largely dependent upon two issues: the length of the marriage and the amount of time the military spouse was in the military during the marriage. For example, if you were married to your husband for at least 20 years, and your husband spent at least 20 of those years in the military, you are entitled to full benefits. If the marriage only lasted for 15 years, on the other hand, you are not entitled to use base facilities.
Types
Divorced military spouses are entitled to two main kinds of benefits: those awarded as part of any divorce and those awarded as a result of your spouse's military service. For example, all spouses are entitled to receive, or have a duty to pay, child support based on the laws in which the divorce is filed. These rights exist regardless of whether or not your spouse is in the military. Specific military benefits, like the right o military health care or access to base facilities, only are vested if specific conditions are met, regardless of the divorce court's orders.
Misconceptions
Some military rights vest with a spouse regardless of the amount of time you and your spouse were married. For example, courts can divide military pension benefits between spouses even if the marriage only lasted a day, according to the North Carolina Bar Association. While lengthier divorces typically involve larger awards to spouses, state courts have the ability to divide marital assets, including pension rights, no matter how long the marriage lasted.
Warning
Military benefits for divorced spouses are covered by numerous and complicated laws. These laws can change with new legislation or court decisions. Always consult a local attorney for legal advice, as this is the only way to ensure you get what you're entitled to. You can also get advice from legal aid organizations. Contact your state or local bar association for a list of local organizations or attorneys that offer pro bono services.
