Understanding the Impact of Divorce on Military Benefits: A Comprehensive FAQ

How does divorce affect military pension benefits?

In a divorce, the ex-spouse may be entitled to a share of the military pension, depending on the length of the marriage overlapping with military service. For overlaps less than ten years, the service member pays directly; over ten years, the Defense Finance and Accounting Service (DFAS) manages the payments.

What is the 20/20/20 rule in military divorces?

The 20/20/20 rule states that if a military spouse has served for 20 years, been married for 20 years, and there’s a 20-year overlap of marriage and service, the ex-spouse retains all military spouse benefits, including Tricare and access to military financial amenities, until remarriage.

How is the Thrift Savings Plan (TSP) treated in a military divorce?

The TSP, similar to a civilian 401(k), is subject to division in a divorce, but only the portion contributed during the marriage is divisible. The non-military spouse can roll their share into a qualifying account or their IRA.

Why is understanding military divorce laws important?

Military divorces involve federal laws and unique benefits like pensions and healthcare, making them more complex than civilian divorces. Understanding these laws ensures fair division of assets and benefits.

Who can help with a military divorce?

A qualified family lawyer with experience in military divorce cases, such as Shawna Woods of the Atlanta Divorce Law Group, can provide guidance tailored to the complexities of military benefits and federal laws.

What benefits does an ex-spouse lose if they remarry?

Upon remarriage, an ex-spouse loses access to Tricare benefits and other military spouse benefits, unless they qualify under the 20/20/20 rule, which allows retention until remarriage.

How does the length of marriage affect military benefit division?

The length of marriage overlapping with military service determines the ex-spouse’s entitlement to benefits, with specific rules like the 20/20/20 rule for full benefits and different treatments for pensions and TSP based on the overlap duration.