What am I entitled to in a divorce from a military member?
What am I entitled to in a divorce from a military member?
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.
Who gets custody in a military divorce?
Where only one parent is in the military and the parents have joint custody, the civilian parent will generally take care of the child when the service member is unavailable.
Can ex wife claim my military pension years after divorce?
The Uniform Services Former Spouses Protection Act (USFSPA) is the overarching federal statute governing how military retired pay is treated in divorce. It allows the state courts handling a service member’s divorce to treat the military pension as divisible property.
Do you still get Bah after divorce?
When parents are divorced, the custodial parent receives BAH-With for the children. A BAH Differential (BAH-Diff) allowance is paid to a member who lives in military housing or has no spouse or children living with him/her, but pays child support greater than the BAH-Diff amount.
Can I keep my military ID after divorce?
Effect of divorce on military benefits You may retain your identification card and continue to receive your commissary, exchange and health care benefits until your divorce is final regardless of whether you meet the rule.
Is an ex spouse entitled to VA benefits?
Federal law is very clear that VA disability benefits are not a marital asset. That legal guidance is found in the Uniformed Services Former Spouses’ Protection Act (USFSPA), which exempts VA disability benefits from being considered marital property.
Are ex spouses entitled to Social Security benefits?
Benefits For Your Divorced Spouse If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. You are entitled to Social Security retirement or disability benefits.
What happens when both spouses collect Social Security and one dies?
If you are already receiving a spousal benefit when your husband or wife dies, Social Security will in most cases convert it automatically to a survivor benefit once the death is reported. Otherwise, you will need to apply for survivor benefits by phone at or in person at your local Social Security office.
