Where do I file for divorce if I am in the military?

November 27, 2020 Admin

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Where do I file for divorce if I am in the military?

Generally speaking, military members and their spouses have three choices when it comes to where they can file for divorce: The state where the spouse filing resides; The state where the military member is stationed; or. The state where the military member claims legal residency.

What is a military spouse entitled to in a divorce?

After divorce, the former spouse is entitled to the Continued Health Care Benefit Program (CHCBP), which is the Tricare version of COBRA for three years. And as long as the spouse remains unmarried and was also awarded a share of the military retirement or SBP, the former spouse may remain on CHCBP for life.

How is military pension calculated in a divorce?

“The spouse shall receive 50% of the marital share of the service member’s disposable retired pay. The marital share is a fraction, the numerator is 216 months of marriage during the service member’s creditable military service, divided by the total number of months of the member’s creditable military service.”

Does military pay for divorce?

The USFSPA allows state courts to grant up to half of a service member’s retirement pension to his ex-wife during divorce proceedings but that is simply the most that the finance center will take out of the retiree’s pay.

How is military spousal support calculated?

First, it takes the total number of family members (including the service member), and divides the amount of BAH/OHA by the number of family members. It then multiplies the result by the number of family members being supported by the spouse who is seeking support from the service member.

How long can a divorced spouse stay on Tricare?

You were eligible for care received from the date of the divorce/annulment until Decem, or two years from the date of the decree, whichever was later. You’re TRICARE eligible for one year from the date of the divorce/annulment.

Can divorced spouse still use USAA?

Since SSA funds are an integral part of USAA’s capital structure, they remain with the association as long as the member has at least one property and casualty policy. Before divorce, as afterwards, the spouse/former spouse can maintain vehicle coverage through USAA.