Military Divorce Guide

Comprehensive Family Law Information for Servicemembers & Family Members.

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About the Guide

The Military Divorce Guide was created by Carl O. Graham, a Colorado Springs, CO divorce lawyer and former Army JAG officer. As a principal of Black & Graham, LLC, domestic relations and criminal defense attorneys, Carl is in charge of the firm's family law practice, and focuses exclusively on Colorado divorce & family law, including military divorce issues.

  • Military Divorce Guide

Benefits

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Domestic Violence Victim Benefits

  • Benefits
  • Domestic Violence
  • Military Retirement

 

Transitional Compensation & Benefits

Under 10 U.S. Code §1059, 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.

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Continued Health Care through COBRA

  • Benefits
  • Insurance

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, and certainly not the bargain Tricare is.  However, if the civilian spouse has a preexisting medical condition, it could be worthwhile.

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20/20/20 and 20/20/15 Benefits

  • Benefits
  • Insurance

A former spouse who was married to the servicemember for at least 20 years qualifies for military benefits after the dissolution, under the conditions listed below.

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Former Spouse Military Benefits

  • Benefits
  • Support

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.

 

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Military Divorce Guide, Copyright © Black & Graham, LLC  (www.blackgraham.com). Reprint Information

128 S. Tejon St Ste 410, Colorado Springs, CO 80903  (Map to Office)  Tel: (719) 328-1616.

This site is informational, and not a substitute for legal advice from one of the Colorado Springs military divorce law firms, lawyers or attorneys. Only a signed agreement with this Colorado Springs divorce lawyer creates a lawyer-client relationship. We practice in Colorado Springs / El Paso, Teller, Douglas, and Pueblo Counties in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc).  Login