Division Of Military Benefits And Retirement
In 1982, the federal government passed the Uniformed Services Former Spouses Protection Act (USFSPA). One of the most important provisions of the law was that it gave state courts the authority to distribute military retirement pay and pension benefits to the service member’s spouse. This includes the fair distribution of benefits as part of a divorce settlement.
Both the service member and his or her spouse have interests that need to be protected in these matters, and the assistance of a qualified Pensacola military benefits and retirement distribution lawyer can be extremely beneficial.
At the law firm of The Holman Law Firm, we represent clients on both sides of these divorces. We work to ensure that the correct amount of retirement pay is included in the marital estate and that a fair distribution is ordered. Please call us at 850-316-8243 or toll free at 850-435-6909 for a free consultation.
The 10/10 Rule
The 10/10 rule is likely among the most misunderstood aspects of a military divorce. The 10/10 rule has nothing to do with whether or not the spouse has access to a portion of a service member’s retirement pay. It only has to do with how the spouse receives his or her payments after the divorce. Under the law, if the couple has been married for at least 10 years that overlap with 10 years of qualifying military service, the non-service member spouse can receive his or her payments directly from the Defense Finance and Accounting Services (DFAS).
The 20/20/20 Rule
Under the 20/20/20 rule, the former spouses of military service members can receive lifetime medical coverage under TRICARE if the marriage lasted at least 20 years, the service member completed at least 20 years of qualifying service and there were at least 20 years of overlap between the marriage and military service. If any of these criteria are not met, the non-service member spouse will not be eligible for lifetime benefits. In addition, if the non-service member spouse remarries or enrolls in an employer-sponsored health plan, he or she will no longer be eligible for medical benefits under TRICARE.