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Military benefits an ex-spouse may be entitled to after divorce

| May 25, 2021 | Blog, Military Divorce |

Military spouses face a unique set of challenges when it comes to filing for a divorce in Tucson, Arizona, because they must abide by both civil and military codes. Therefore, for the best outcome, both partners should understand the implications of getting a divorce.

What is a Survivor Benefit Plan?

An SBP, or Survivor Benefit Plan, entails a former spouse becoming a beneficiary within a one-year timeframe. If the beneficiary remarries before the age of 55, the SBP automatically ends.

Important information about the 20/20/20 rule

If you choose to file for a military divorce, you need to know what programs are available to you. One such program is known as the 20/20/20 rule, which allows divorced military spouses to continue with their old medical coverage under TRICARE. With that said, certain conditions must be met. You and your partner need to have been married a minimum of 20 years, and the former spouse cannot have remarried. Also, the marriage and the military service needs to have overlapped at some point within those years.

What you should know about the 1982 Uniformed Services Former Spouse Protection Act

This act allows military benefits to be divided the same way as other forms of marital property. It also gives the state more authority on how those military assets get divided.

What medical coverage is available for those who do not qualify for the 20/20/20 rule?

If you or your spouse do not qualify for the 20/20/20 rule, there are a few other options available. There is what is known as the DOD Continued Health Care Benefit, or CHCBP. This provides coverage for roughly 36 months after the first 60 days of the loss of military coverage.

There are many health coverage options for you and your partner to choose from. It is important that you both spend time considering what the best choice is for you and your partner’s situation.