Military Divorce

Dividing Assets Can Be A Complicated Process

Divorce is complicated enough on its own, and only becomes more so when assets need to be divided. Military benefits follow a strict set of rules about what benefits a spouse can or cannot receive following the divorce, which needs to be factored in when putting together the final divorce agreement. No matter what point you’re at in the divorce process, hiring the right attorney to help you manage your case is important to help you secure the most beneficial outcome possible.

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The division of assets can be a complicated and stressful affair even in the simplest of situations without the right legal representation. Our Columbus divorce lawyers at Grossman Law Offices have handled thousands of these cases since we first opened our doors, and with more than 130 years of collective experience on your side you can rest assured that your case is in good hands. Contact us today to begin planning for your future.

How Could Your Benefits Be Affected?

Uniformed Services Former Spouse Protection Act

States are permitted to treat retirement pay as disposable income when it’s needed to cover alimony or child support payments under this Act. Depending on the situation, ex-spouses of servicemembers can be granted access to military exchanges and commissaries, and health care though military treatment centers.

20/20/15 Former Spouse Benefits

Ex-spouses of servicemembers may still be able to receive certain benefits following the divorce, depending on the amount of time you and your spouse were married, as well as how long the servicemember served in the military. The requirements for this rule include:

  • The servicemember and civilian must have been married for at least 20 years.
  • The servicemember must have served for at least 20 years of creditable service, which does not include National Guard service, except in certain situations (PDF), or time spent absent without leave (AWOL).
  • The servicemember and civilian must have been married for 15 years or more while the servicemember was serving.

Ex-spouses of servicemembers can still retain their TRICARE medical coverage the year after the divorce proceedings are complete if they meet all criteria listed in this rule. However, they will not retain any other benefits.

20/20/20 Former Spouse Benefits

The 20/20/20 rule can allow ex-spouses of servicemembers to qualify for full military benefits and privileges following the completion of the divorce agreement. The requirements are:

  • The servicemember and civilian must have been married for at least 20 years.
  • The servicemember must have served for at least 20 years of creditable service, which does not include National Guard service, except in certain situations (PDF), or time spent absent without leave (AWOL).
  • The servicemember and civilian must have been married for at least 20 years while the servicemember was serving.

Give us a call at (614) 344-4311 to speak with one of our lawyers today.

Work With Legal Representation You Can Rely On

At Grossman Law Offices, our Columbus divorce attorneys have spent decades working with families and individuals to help them secure the legal outcome they need to move on to the next phase of their lives. If you are looking to work with experienced and passionate legal representation, call us at (614) 344-4311 to speak with a member of our firm over the phone today, or send us your information through our online form to let us know about your situation.