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Learn more about MILITARY DIVORCE
A Few Preliminary Notes: The answer to nearly every question related to family law will often start with, “It depends…” This is because the application of the law in family law matters is influenced by many factors, often overlapping, which can vary from case to case. Few family law issues are strictly black and white. No attorney can guarantee a specific outcome. If anyone claims your case is a “slam dunk,” it's a good idea to seek a second opinion. Similarly, while friends and family may offer advice with good intentions, their experiences may not reflect your particular circumstances.
The answers below provide general information based on Maryland law and our experience with military divorces. Our goal is to help you understand the essential aspects of divorce when one or both spouses are in military service.
FREQUENTLY ASKED QUESTIONS
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A military divorce involves several unique considerations that differ from a civilian divorce. Some of these include:
Division of Military Benefits: Military pensions and benefits are subject to different rules, especially under the Uniformed Services Former Spouses' Protection Act (USFSPA). Pensions can be divided in divorce, but only if certain conditions are met.
Jurisdictional Issues: If one spouse is stationed in another state or country, the divorce might be subject to the laws of that state or even the Service members’ home state. Additionally, military personnel often enjoy certain protections when it comes to court proceedings while deployed, including delays in court actions under the Servicemembers Civil Relief Act (SCRA).
Healthcare and Benefits: The non-military spouse may be entitled to certain military benefits (such as Tri-Care) depending on the length of the marriage and the military service.
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Yes, the length of the marriage plays a significant role in the division of military retirement benefits. Under the USFSPA, if the marriage lasted less than 10 years and the service member was in the military for at least 10 years during the marriage, the former spouse may not be entitled to direct payment of the military pension. However, in Maryland they are still entitled to a share of the pension, but it will not be paid directly through the Defense Finance and Accounting Service (DFAS). This distinction can impact the ease of receiving payments and how the pension is divided.
Even though military retirement benefits are governed by federal law, your state’s divorce laws still apply, so the length of the marriage will affect other aspects, such as alimony or the division of property.
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If your spouse is the service member, they will retain their military ID, which grants them access to base facilities, military healthcare, and other benefits as long as they remain in the military.
If you are the non-military spouse, you may be eligible for a military ID during the divorce process, but this depends on your length of marriage to the service member. The 10/10 rule typically applies: if the marriage lasted at least 10 years and the service member served in the military for at least 10 years during the marriage, the non-military spouse may retain access to military benefits, including a military ID. If you were married for less than 10 years, you may not be eligible for a military ID post-divorce unless certain conditions are met.
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Tri-Care is the health insurance program for military families, and the eligibility for continued coverage after divorce depends on how long you were married to the service member and how long they served in the military during that marriage.
The 20/20/20 Rule: If you were married for at least 20 years and your spouse served in the military for at least 20 years, with at least 20 years of marriage overlapping military service, you are eligible to retain Tri-Care coverage.
The 20/20/15 Rule: If you were married for at least 20 years and your spouse served for at least 20 years, but your marriage was less than 20 years, you may still be eligible for a certain period of Tri-Care coverage after divorce (usually for up to one year after the divorce).
If you do not meet these criteria, you may lose your Tri-Care eligibility once the divorce is finalized, and you may need to seek other health insurance options.