MILITARY DIVORCE GUIDE

Former Spouse Military Benefits

Upon obtaining a Colorado dissolution, the former spouse of a servicemember has a right to receive military benefits so long as he/she meets the criteria. As the benefits are statutory entitlements, they are automatic and not subject to negotiation or deviation by a divorce court in Colorado or other states.

Benefits During Separation

Until a Colorado divorce court issues a final decree of dissolution, a civilian spouse separated from a servicemember retains full military privileges, including ID card, medical, military exchange, commissary, etc. Though the servicemember can (and often should) terminate the civilian spouse's ability to cash checks on post by going to the PX/BX, he/she cannot confiscate the spouse's ID card or otherwise suspend the spouse's military privileges.

Because a civilian spouse with a decree of legal separation in Colorado still retains military benefits, parties who do not intend on remarrying may wish to consider this option if, e.g., the civilian spouse has a preexisting medical condition which makes it difficult to obtain alternative medical care.

Military housing is generally only authorized to servicemembers residing with their families, so typically an installation will give a civilian spouse a reasonable time after separation to vacate on-post housing.

Full Benefits ("20/20/20" rule)

Pursuant to 10 U.S. Cods § 1072 , a former spouse of a servicemember is entitled to all military benefits and installation privileges, including medical, commissary, military exchanges (PX/BX), and other amenities such as bowling alleys, theaters, etc. Spouses who meet these criteria are covered:

1. Married to the servicemember at least 20 years,

2. The servicemember had at least 20 years of creditable service, and

3. At least a 20-year overlap between the marriage and the military service.

Medical benefits are suspended while the former spouse is covered by an employer-sponsored health care plan, and terminated upon the former spouse's remarriage.

Commissary, military exchange (BX/PX) and other installation privileges are suspended while the former spouse is remarried, but reinstated upon the remarriage terminating due to death or dissolution.

Transitional Benefits ("20/20/15" rule)

An unremarried former spouse is entitled to one year of military medical care only (no commissary, military exchange, etc.), so long as if he/she is not covered by an employer-sponsored health care plan and meets these criteria:

1. Married to the servicemember at least 20 years,

2. The servicemember had at least 20 years of creditable service, and

3. At least a 15-year overlap between the marriage and the military service.

Continued Health Care through COBRA

Under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), Tricare will provide a divorced civilian spouse with 36 months of health insurance. They call it the Continued Health Care Benefit Program. At $933 per quarter for individuals, and $1996 for families, the program is far from free. However, if the civilian spouse has a preexisting medical condition, it could be worthwhile.

You have to move fast to enroll - apply with a DD Form 2837 Continued Health Care Benefit Program Application within 60 days of the divorce, and mail it in with proof of your eligibility and a check for the first quarter of coverage.

Victims of Domestic Violence

This is not technically a "former spouse" benefit, since no divorce is required. Under 10 U.S. Code § 1059 (as implemented by DOD Instruction 1342.24), a spouse or dependent child (under 18, or under 23 if in college) is entitled to receive transitional compensation and benefits if the servicemember is discharged for abuse (i.e. domestic violence or sexual assault) against the spouse or child.

As of December 2004, monthly payments are $993 for a spouse, and $247 for each child, and the dependents are entitled to commissary and exchange benefits. The payments are pegged to the level of the Department of Veterans Affairs' Dependency and Indemnity Compensation established by 38 U.S. Code § 1311, and last for a minimum of 12 months and a maximum of the lesser of 36 months or the servicemember's length of service.

Pursuant to the Uniformed Services Former Spouses Protection Act (USFSPA), 10 U.S. Code § 1408(h), the spouse is also entitled to a portion of the servicemember's retired pay if the servicemember was eligible for retirement when the offense was committed.

The spouse is not entitled to receive the payments while a court-martial punishment of forfeitures is suspended. Furthermore, payments to a spouse terminate upon the spouse's remarriage, or if the servicemember resides in the same household as the spouse.

The spouse should contact the victim-witness coordinator for the servicemember's installation for more information about this benefit (often located in the JAG office).

Children of the Relationship

Children and stepchildren of servicemembers retain full military benefits while unmarried and under 22.

More Information

Air Force Fact Sheet on former spouse benefits.

COBRA information page from the U.S. Department of Labor.

Jump to Article: