Being married to someone in the military isn’t an easy journey. The stress of serving the country can sometimes come home with the servicemember. There’s also the life upheaval that comes with having to move because of order changes.
All the issues that come with a military marriage are on top of the regular marriage stresses that can sometimes lead to divorce. If the marriage was a long-term marriage, the non-military spouse may still qualify for certain benefits.
How is access to benefits determined?
A person who’s married to a servicemember for at least 20 years while that person is serving in the military may qualify for benefits under the 20/20/20 rule. This rule means that when there’s a 20-year overlap between the marriage and military service, the civilian spouse can receive TRICARE and access to the commissary or exchange.
It’s sometimes possible for a civilian spouse to receive benefits without the 20-year overlap. The benefits are limited and meant to temporarily help the civilian during the adjustment period. These benefits require a 15-year overlap for a 20-year marriage and 20 years of military service.
The benefits that are given to the civilian spouse remain in effect until they get remarried. At that point, they will be revoked.
Another consideration is the property division. People who have a career in the military will have a pension, which needs to be divided during the divorce. This can be challenging because this aspect of property division is contingent upon state law. Because of that, working with someone who understands military divorce may help the civilian to learn their rights and how to protect them.