"The voice of parents is the voice of gods, for to their children they are heaven's lieutenants."

~Shakespeare

IS A MILITARY DIVORCE DIFFERENT FROM A "REGULAR" DIVORCE?

Absolutely!  While many there are many similarities between the two, there are drastic differences in the laws that will apply in a military divorce that would not come into consideration in a regular divorce (i.e. Former Spouses' Protection Act, Uniformed Services Former Spouses' Protection Act, etc.)

WHAT KIND OF LAWYER SHOULD I HIRE FOR MY MILITARY DIVORCE?

In my experience it is more important to focus on finding the best domestic relations attorney you can afford rather than focusing on finding one that is familiar with the USFSPA. There are many vital issues in a divorce beyond the division of the retirement. An expert advisor can fill in the gaps in knowledge concerning the USFSPA, but such an advisor cannot make a mediocre attorney into a superior practitioner.

WILL MY FORMER SPOUSE BE ENTITLED TO ANY BENEFITS?

The USFSPA, in addition to authorizing direct payment of a portion of a military retirees pay to the former spouse, extended some base privileges to certain former spouses. The extent of the privileges is found in the USFSPA and subsequent amendments. The provisions on continued benefits are found in 10 U.S.C. §§1062 and 1072.

More and more, continued health benefits becomes an important if not driving factor, especially when the former spouse has a serious pre-existing condition. This article now summarizes the privileges granted and the criteria for entitlement to them, and gives some practice pointers. To insure that this information is current, please contact our office to discuss any recent developments in the law which may effect your case.

Full Privileges - the "20/20/20" former spouse

Full benefits (medical, commissary, base exchange, theater, etc.) are extended to an unremarried former spouse when:

1. the parties had been married for at least 20 years;

2. the member performed at least 20 years of service creditable for retired pay; and

3. there was at least a 20 year overlap of the marriage and the military service.

Concerning medical care, if the former spouse is covered by an employer-sponsored health care plan, medical care is not authorized. However, when the former spouse is no longer covered by the employer-sponsored plan, military medical care benefits may be reinstated upon application by the former spouse.

If a 20/20/20 former spouse remarries, eligibility for the benefits is terminated. If the subsequent marriage is ended by divorce or death, commissary, base exchange and theater privileges may be reinstated. Medical care cannot be reinstated.

Limited privileges: the "20/20/15" former spouse.

Divorces on or after September 30, 1988:

These 20/20/15 former spouses qualify for medical benefits for one year from the date of the divorce, dissolution or annulment. If the former spouse is covered by an employer-sponsored health care plan, medical care is not authorized. When the former spouse is no longer covered by the employer-sponsored plan, military medical care benefits may be reinstated. However, any reinstatement cannot extend beyond the original one year entitlement.  Former Spouses who were not at least "20/20/15" spouses do not qualify for any entitlements.

WHAT CAN I DO IF I WILL LOSE MY MILITARY HEALTH BENEFITS?

From time to time private insurance programs have been established to provide transition coverage for former spouses who will lose medical coverage. The most recent program was established in 1994, the CONTINUED HEALTH CARE BENEFIT PROGRAM (CHCBP).

Although the program was designed primarily for those military members who are separated under one of the new incentive programs, coverage for former spouses is available.

Former spouses who do not remarry are eligible to purchase coverage for up to 36 months. Information can be obtained from CHCBP at 1-800-809-6119.

ARE THERE SPECIAL RULES FOR THE NATIONAL GUARD AND RESERVE?

The time standards are met by the overlap of the marriage and the career based upon a "good year" of service. Active duty service is not necessary to qualify for benefits. The passage of a chronological year may not mean that a "good year" was credited. It depends on the accumulation of sufficient points. Counsel should study the member's chronological summary of service in order to determine if the time standard has been met.

HOW WILL REMARRIAGE EFFECT MY MILITARY HEALTH BENEFITS?

Since medical benefits are permanently extinguished upon remarriage, it is imperative that non-member clients be aware of this rule. 

WHAT IS THE SURVIVOR BENEFIT PLAN?

The Survivor Benefit Plan is a plan whereby a portion of a military retiree's pay is paid to a named beneficiary. The maximum amount of coverage is for 55% of the member's gross retired pay. The decision to elect in or out of the coverage is made at the time of retirement, and is generally irrevocable.  

A spouse loses eligibility as an SBP beneficiary upon divorce and there is no provision in the SBP which makes former spouse coverage an automatic benefit.  Therefore, the only means by which the divorced spouse may receive a survivorship annuity is if "former spouse coverage" is elected.  A court order cannot, by itself, be used to institute coverage. A signed election request must be submitted by the service member, or, in some cases, the former spouse, before coverage can be established.

Former spouse coverage may be based either upon a voluntary action by the member or by reason of a court order. If the coverage is voluntary, the member must apply for the change of status (from spouse to former spouse) within one year of the date of the divorce.  When coverage is ordered by a court, and the member then fails or refuses to make the required election, that member shall be deemed to have made such an election if the service finance center receives a written request from the former spouse asking that the election be made. 

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Principle Office is in Dallas, Texas.  Meetings with lawyers are by appointment only.

Anthony Veader is an attorney, mediator and counselor servicing Denton, Dallas and Collin counties which cities include: Allen, Celina, Fairview, Farmersville, Frisco, Lavon, Lucas, McKinney, Melissa, Murphy, Plano, Princeton, Prosper, Richardson, Aubrey, Carrollton, Corinth, Denton, Flower Mound, Highland Village, Justin, Krum, Lake Dallas, Lewisville, Little Elm, Pilot Point, Ponder, Sanger, The Colony, Addison, Cedar Hill, Coppell, Dallas, DeSoto, Duncanville, Farmers Branch, Garland, Grand Prairie, Irving, Mesquite, Rowlett,  Seagoville, Wylie.  The Law Office of Anthony Veader, P.C. handles matters including, but not limited to divorce, modifications, child support, child custody, visitation, access, domestic abuse, military divorces, annulments, restraining orders, protective orders, paternity, Divorce Decree Enforcement and Divorce Decree Violations, Relocation and Travel Issues, Name Changes, Common Law Marriages, CPS Cases, AG Cases and IV-D Court Cases.

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