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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.

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

 

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 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.

 

 

Have a military divorce case? Deployed? Black & Graham can help.

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