Divorce And Military Benefits

military retirement benefits are perhaps the most important part of any military divorce, and are usually the largest single marital asset in a military marriage. There are complex rules governing what benefits are available during life and upon death, how they can be divided, and how they can be protected or lost.

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Divorce laws allow service members and their spouses to file for divorce in either the state where the service member is currently stationed, the state where the service member claims legal residency or the state where the non-military spouse resides.

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These benefits are statutory and are not subject to negotiation in the divorce. If the former spouse was married to the servicemember for at least 20 years of his or her military service prior to the divorce, the spouse is entitled to lifetime military benefits including commissary, medical benefits, and military exchanges.

You qualify for military retirement benefits under the USFSPA if you were married to your husband for at least 10 years, and if he spent at least 10 years in the military. According to the American Bar Association, state courts can always divide retirement pay in divorces, but you can only receive pay from the Defense Finance and Accounting Service if you first prove you meet the "10/10" requirement.

Military.com provides millions of active military, retired and veterans with benefits information including health, education, military discounts, jobs and more.

Military Divorce Laws. Generally speaking getting a divorce in the military is the same as any divorce in your state of residence. When filing for divorce in Georgia you will need to cite one or more of the grounds for divorce in Georgia. There are however, certain laws and processes that are unique to the military divorce process.

"The military is somewhat unique in the broad benefits it affords its employees. McCaslin said her client has no plans to.

“so the spouse should include time frames in the divorce decree stipulating when the retiree will apply for benefits.” Thole said she has heard of instances where a military retiree was eligible to.

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