How Are Military Benefits Split In Divorce?

Asset division in a military divorce is unique. While many personal items are divided similarly to a civilian divorce, military benefits are special assets that follow different rules.

If you or your spouse is a member of the armed forces, it is vital to know your full entitlements — as well as assert your right to them. The Law Office of Steven M. Bishop can represent you as you prepare to separate from your spouse. Our certified attorney has over 40 years of experience, and knows which federal and state laws may apply to your case.

How The 10/10 Rule Determines Retirement Pay Eligibility

The Uniformed Services Former Spouses' Protection Act (USFSPA) enables spouses of military personnel to claim military retired pay through a California divorce. We can explain exactly how this act may affect your situation.

For a spouse to become eligible for a portion of retirement funds, they must adhere to the 10/10 rule. The marriage must span at least 10 years, which must also overlap at least 10 years of the member's military service.

The 20/20/20 Rule, Health Insurance And Other Military Benefits

Divorced spouses of military personnel may still receive certain family services and benefits. However, they must be eligible under the 20/20/20 rule for some of these benefits. Under this rule, the marriage must span at least 20 years, which must overlap at least 20 years of the member's military service.

However, spouses may receive other benefits without fitting the 20/20/20 or 10/10 rules. For example, a spouse of a member who receives Basic Allowance for Housing (BAH) or Basic Allowance for Subsistence (BAS) could continue to receive financial assistance under the right circumstances.

For critical benefits like health insurance and retirement, make sure that you secure informed legal guidance early in your case. If you have questions about your military divorce and the benefits available to you, speak with our board-certified San Diego attorney today.

Receive Personalized Counsel For Your Divorce

Ask us your questions about military pensions, insurance benefits and more. Your situation is unique, and you deserve accurate answers from a skilled lawyer. Call us at 619-535-0678 or send our law firm an email to schedule a free phone consultation with Mr. Bishop to discuss your case.