Military divorce is a divorce involving military personnel. Most noteworthy there are special considerations in military divorces.

Military Divorce Requires Expert Attorney

First of all, you may be entitled to a portion of a military retirement. Just like civilian retirement, this will depend on several factors. One misconception is that you can’t get a portion of the retirement unless you have been married for at least 10 years. I have witnessed several cases where the client was told this by a service member. As a result of misinformation a client may have settled for far less than they actually received. Hiring a knowledgeable attorney is in your best interests. Remember, if the servicemember has been in the military a long time, the retirement may be the largest asset of the marriage.

Well, if the “ten-year rule” is not true, what is? A spouse is entitled to share in the portion of the retirement that was earned during the marriage, regardless of the length of the marriage. A spouse “theoretically” cannot have the service (DFAS) pay the retirement out unless the parties have been married for ten years during the time of service. (This is where the misconception started.) I said “theoretically, because I have seen the DFAS offer to pay even though the marriage was less than ten years. Also, there are other benefits available. Do not forget survivor benefits.

In conclusion, clients need to be informed about all of the options. Furthermore, benefits do not transfer automatically. You may need to argue for them. consequently, these issues can be decided in mediation, settlement negotiations or at trial.

A second benefit for an ex-spouse is participation in benefits such as TRICARE (military health services) and commissary privileges. TRICARE and commissary privileges are more difficult to get. To be entitled to these services, the spouse must have been married to the servicemember for 20 years, the servicemember must have served for 20 years and those need to overlap for 20 years. This is the so-called 20/20/20 rule.

in conclusion, hire an attorney familiar with the unique twists in military divorces. Bob Leonard Law Group, PLLC,  provides expert divorce representation to military personnel and their immediate families. Bob Leonard is board certified in family law and has 30+ years experience practicing law in Fort Worth, Texas. Call 817-336-8500 and make an appointment.

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