Can I Keep My Spouse’s Benefits in a Military Divorce?

 Posted on July 29, 2024 in Divorce

Military divorces have many similarities compared to civilian divorces but also have significant differences. Questions often arise, therefore, about what happens to a service member’s benefits after a divorce. Can the civilian spouse continue to enjoy military benefits after the marriage ends? Or are the benefits cut off to the spouse, as in a civilian divorce?

This article will discuss what happens to a military spouse’s benefits in a divorce. Remember, however, that the best resource for understanding how a military divorce works is a Texas military divorce attorney.

The 20/20/20 Rule

Someone who divorces a military spouse may be entitled to continue receiving military benefits if he or she meets certain criteria, known as the 20/20/20 rule. According to the rule, a spouse can still enjoy military benefits post-divorce if:

• The marriage lasted for 20 years or more.

• The service member served a minimum of 20 years in the military.

• The marriage and military service overlapped for 20 years or more.

Suppose, for example, a couple married in 1995 and divorced in 2023. The military spouse enlisted in 2000 and was discharged in 2021. This would satisfy the 20/20/20 rule because the spouses were married for at least 20 years, the military spouse served for at least 20 years, and both those time periods overlapped. In this case, the civilian ex-spouse might be allowed to keep his or her military identification card and enjoy medical benefits as well as commissary benefits.

The 10/10 Rule

Sometimes, a servicemember’s retirement pay is considered a marital asset, which means the civilian spouse may be entitled to a portion of it in the divorce. However, this is subject to the 10/10 rule, which stipulates that:

• The marriage must have lasted for 10 years or more.

• The service member must have served for at least 10 years.

• The marriage and military service must have overlapped for 10 years or more.

If these requirements are met, the civilian spouse may be awarded a portion of the service member’s monthly disposable retirement pay, which is the monthly retirement pay minus deductions.

Contact a Fort Worth, TX Military Divorce Attorney

The differences between military and civilian divorces are significant, which is why it is prudent to seek a Fort Worth, TX military divorce lawyer to assist you with a military divorce. At The Law Office of J. Kevin Clark P.C., we are experienced in both civilian and military divorces and are prepared to guide you through yours with excellent legal representation. Schedule a free consultation with a skilled attorney by calling 817-348-6723 today.