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Divorce is always a stressful thing which has far reaching legal implications. It involves a person from the military, it can be even more so. Various legal questions might arise in such a case. This article provides answers to some of the most commonly asked questions about issues related to this. A military couple who was married in a state as non residents still resides there. Should they file for divorce in that state?
In such a case you may file for divorce in the state as long as at least one of you has been staying there for not less than six months. You also have to reside in the county where you have filed in for at least three months after filing the petition. According to the military, legal residence is the place where a serviceman or woman returns after active duty or service. Usually, this is considered the person’s permanent home. When a military couple divorces after 20 years of marriage, will the non-military spouse still receive military medical benefits?
In case you are married to your spouse for at least 15 of the 20 years during which your spouse served in the military, you would be entitled to medical benefits post divorce, so long as your spouse is alive and you have not remarried. You may also have the right over a part of the retirement benefits when your spouse retires. According to a law passed in 1982 a state divorce court can award a part of the service member’s retirement pay as marital property. Though the Uniformed Services Former Spouses Protection Act usually permits the state to award a part of retirement pay, it is not considered essential. Laws differ from state to state with regard to the issues of retirement pay. Usually, in case of community property states, a part of the military spouse’s retirement pay is considered community property and the non-military spouse is usually entitled to one half of it. Is a spouse entitled to Tricare medical insurance coverage in a military divorce?
You should have the qualification to receive Tricare medical coverage. While the court might ask a spouse to purchase a similar policy, it has no authority over the Tricare medical coverage. However, you might on your own merit qualify for Tricare if you were married for 20 years along with a service of 20 years in the military. If you were about to complete that period but were forced to divorce on account of abuse or neglect from your spouse, you might request the court to mention this situation in the divorce decree. After that you may claim that medical coverage and chances are that you might receive it. Divorce is always a stressful affair in any person’s life. It might drain you emotionally and mentally. In case of a military divorce it is all the more stressful because of the added burden of the stress associated with life in the armed forces and the differences in the laws as compared to civilian laws. There could be various legal issues related to this which might be difficult for someone to address who is not conversant with the legal processes. If you are faced with such circumstances it is better to ask a military lawyer to decide the best course of action.
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