Military spouse entitlements during separation

Military Spouse Entitlements during Separation If your wife serves in the nation’s military , she has provided you with a valuable benefit: military entitlements. You can use TRICARE, shop at the base commissary, get discounts at the Base Exchange, and relax a bit with Military Welfare and Recreation (MWR) at gyms, pools, golf courses and bowling alleys. Identification Card (ID). During the separation , the nonmilitary spouse retains his or her ID card.

The military member has performed at least years of service that is creditable in determining eligibility for retired pay (the member does not have to be retired from active duty). One of the most common questions I am asked is if the former military spouse has any entitlement to the service member’s retirement.

Retirement is an asset that is divided regardless of the length of the marriage , as discussed in some of my other articles. During a separation , the service member is still responsible for providing support for the spouse and child (ren). Each Service has policies identifying what the support amount should be if the parties involved cannot come to an agreement. The spouse still retains a military ID card and full benefits during a separation. Military spouses determining their military benefits after divorce face a complex process of understanding both civil code and military regulations.

It is best for spouses to familiarize themselves with these matters before getting divorce if possible, and to seek legal counsel for assistance. Sometimes, couples (both military and civilian ) that are going through a rough patch in their marriage choose to separate before pursuing a divorce. They may want time to see how they do living apart or to seek counseling to save their marriage.

While many people are aware that spouses are entitled to half of the pension if they were married to the service member for years,. Many believe the answer is the Basic Allowance for Housing. Is a spouse considered a dependent in the military? What is military separation? Under this law, former spouses may be entitled to portions of the military member's retirement pay, medical care, and exchange and commissary benefits.

Uniformed Services Former Spouse Protection Act for Divorced Spouses in the Military. A state court can award a portion of the military pension to the spouse even if the marriage lasted less than a year. All states treat military pensions as marital or community property.

In order for a state divorce court to divide a military pension, jurisdictional requirements must first be met. No, there is no Federal law that automatically entitles a former spouse to a portion of a member’s military retired pay. A former spouse must have been awarded a portion of a member’s military retired pay in a State court order. In military divorce, the Uniform Services Former Spouse’s Protection Act (USFSPA) recognizes the right of state courts to distribute military retired pay to a spouse or ex-spouse and provides a method of enforcing these orders through the Department of Defense. A spouse who is legally separated (Colorado is among the few states which issues decrees of legal separation ) is treated as married for purposes of the ID card and access to military benefits.

However, the judge will have already divided the marital estate, so a legally separated spouse typically will not continue to accrue military retirement credit after the decree is issued. Generally, spouses do not receive any military benefits for marriages less than years. If you currently serve in the armed forces or are retired from military service, the division of your military pension is often complex concern in your divorce settlement.

Contempt of court is the failure to obey a court order without legal justification.

It is not contempt of court to violate a separation agreement unless the agreement has been made a part of court order. You may, however, sue your spouse for breach of contract if he violates the separation agreement. Under the USFSPA, state divorce courts can award a military pension to the service member or divide it between the spouses. If the pension is awarded entirely to the service member, courts may compensate the spouse for his or her share of the military pension from other marital assets.

These benefits are derived from the military spouse’s status as a military member and are dependent upon that status.