Do I qualify for military benefits after my divorce?

On Behalf of | Oct 28, 2021 | military family law

Getting a divorce can be an uncertain time for both spouses. It can be hard to know where your kids will live, what assets you will keep, and what kind of child support and alimony agreement you will have when things are all said and done. For someone getting a divorce whose spouse provides military benefits to the family, you may be wondering if you can keep those benefits after divorce.

More than 20,000 military couples get a divorce each year, which means that thousands of people need to know what will happen to their benefits as military spouses. There is a system that determines benefits eligibility for divorcing spouses, which you can learn about here:

The 20-20-20 rule

The military has a rule that determines if you are eligible to keep your military benefits after your divorce, which people often refer to as the 20-20-20 rule. The name comes from the three factors your relationship needs to have met before your divorce.

If the serving member was in the military for 20 or more years, the couple was married for 20 or more years, and the marriage took place for more than 20 years of military service, then the non-military spouse is eligible for military benefits.

If the divorcing couple does not meet any of these three benefits, then the non-military spouse will not qualify for any benefits after their divorce. Suppose you have questions about these or other military-related matters in your divorce. In that case, you can get guidance from an experienced divorce attorney to confirm what you can do to protect your best interests in your divorce.

Do not just assume the worst

Many people make the mistake of assuming that they are not eligible for military benefits as a non-serving spouse. The truth is that you may qualify, and you can confirm what exactly you deserve by contacting a divorce attorney. Let their knowledge of the law guide you to the best possible outcome in your divorce.