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What Are Military Spouses Entitled to in a Divorce?

When you’re ready for help with your divorce, you know you need to contact a Rancho Cucamonga divorce lawyer. But many spouses divorcing a partner in the military are often apprehensive of losing their former partner’s military benefits. 

After all, military spouses also make sacrifices, and many feel that they should be entitled to the same benefits and privileges, regardless of their marital status. 

In reality, even military spouses who were married for a relatively shorter period of time may continue to qualify for certain benefits. However, the longer the length of your marriage coincides with the length of your partner’s tour of duty, the greater your chances of receiving some of the top benefits. 

Read on to learn more about some of the benefits military spouses may be entitled to in a divorce. 

Military Spouses Benefits After a Divorce

Here are some of the benefits that military spouses may be entitled to, even if they were only married for a short period of time:

  • Military Retirement Benefits – Your former spouse may be required to pay you a portion of their military retirement benefits
  • Tricare Health Care – Unmarried former military spouses may be able to continue to purchase unsubsidized Tricare medical care up to three years from the date of the divorce. 
  • GI Education Benefits – While your former spouse can’t be compelled by law to split their GI education benefits with you, they may elect to do so anyway. 
  • And Others

However, the longer you were married and your partner served in the military,  the better your chance of receiving additional benefits. 

For example, if you were married for 20 years, your partner served for 20 years, and the two of these events overlapped for 20 years, then you might be entitled to some of the highest benefits under the so-called “20-20-20” rule. 

Some of these include:

  • Maintaining access to a military ID card
  • Low-cost Tricare medical care
  • Direct payment of military retirement benefits from the government

The potential benefits you can keep after going through a military divorce shouldn’t be ignored. If you’re interested in learning more, contact an experienced military divorce attorney

Contact a Military Divorce Attorney

Need help understanding your military divorce benefits and rights, or need other questions answered regarding how military divorce works in California? Don’t go through it alone—a military divorce attorney with The Law Office of Laurence J. Brock can help.

Call 909-466-7661 or fill out the form that follows to learn more.

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