What Happens to Military Benefits during Divorce?

When a person in the US Military gets divorced, that person's spouse is protected by the Uniformed Services Former Spouse Protection Act (USFSPA). This act determines what military benefits the former spouse will continue to receive depending on the length of the marriage.

If the couple is married for over twenty years, for example, the spouse of the military personnel will continue to receive full benefits including medical, commissary, base exchange and some transportation benefits, and they will also get to keep their military ID. If the couple is married for between fifteen and twenty years, the spouse receives all benefits except medical which terminate one year after the divorce. If the couple is married ten to fifteen years, a court determines the division of military benefits. However long a marriage lasts, child support cannot exceed sixty percent of the military person's salary.

If you or your spouse is in the military and you would like to seek a divorce, speak to a divorce attorney today.