What is a military spouse entitled to in a separation? A military spouse may be entitled to continued, full military benefits during a separation. Talk with a Seattle divorce lawyer if you or your spouse is a service member and you are ending your marriage.
Your attorney can provide insights into what either you or your spouse could be entitled to as your separation moves forward.
What Is a Military Spouse Entitled to in a Separation in Washington State?
In terms of what a military spouse is entitled to in a separation in Washington State, they may receive a “just and equitable” share of community property. Furthermore, this spouse may receive retired military pay if their marriage lasted at least 10 years.
Some military spouses can get temporary financial support and child support in Washington State. They may also receive military benefits. Dellino Family Law gives you access to a legal team with over 180 years of combined experience.
We offer legal guidance and support to those involved in a military divorce. If you are ready to file for divorce from your military spouse and have concerns or questions about the process to do so, we are here to help. Contact us today.
Factors That Can Determine What a Military Spouse Is Entitled to Receive in a Separation
Partner with a military divorce attorney before you finalize your separation from your spouse. Your lawyer can give you insights into what a military spouse may be entitled to in a separation and how the Uniformed Services Former Spouses’ Protection Act affects your separation.
They can also share information with you about the many factors that can determine what a military spouse can get in a separation, such as:
- 10/10/10 Rule: The Defense Finance and Accounting Service (DFAS) may be required to pay a portion of a military service member’s retirement pay to their former spouse if the pair was married for at least 10 years, with an overlap of at least 10 years of military service.
- 20/20/20 Rule: If a service member was married for at least 20 years, with 20 years of service, and 20 years of overlap, their former spouse may be entitled to full medical coverage under the TRICARE uniformed services health care program, commissary, and exchange privileges if they do not remarry.
- 20/20/15 Rule: If a marriage lasts at least 20 years, with 20 years of military service, and service overlap of 15 years, a service member’s former spouse may receive transitional medical benefits for up to one year.
- Length of Marriage or Service: A service member’s spouse may lose full military benefits upon divorce. However, they may access the Continued Health Care Benefit Program (CHCBP) via TRICARE.
- Community Property: The Revised Code of Washington (RCW) 26.16.030 defines community property in Washington State. In a divorce, the assets and debts acquired during the marriage may be divided equally between both spouses.
- Child Custody and Support: Military-specific rules may allow for temporary, delegated custody during deployment.
Those who ignore these factors risk divorce mistakes that could affect them and their children for years. Speak with a divorce attorney if you want help with your military divorce.
Your lawyer empathizes with you during this tough time in your life. They can explain the short- and long-term implications of any decisions you make at each stage of the military divorce process.
Key Considerations for a Military Divorce
You have no idea who gets what after a divorce. Consult with military divorce lawyers if you are weighing the pros and cons of separating from your spouse.
If either of you is a service member, there are several distinct factors that you may want to account for during your divorce proceedings, including:
- Deployment Schedule and Child Custody: A child custody arrangement should address the care for children if either spouse is a service member who has been or will be deployed. This arrangement may include virtual visitation and make-up time for missed in-person visits due to a service member’s military obligations.
- Child Support: Child support calculations can include military-specific allowances, such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS), to ensure that a child’s standard of living is maintained.
- Disability Compensation from the U.S. Department of Veterans Affairs (VA): The VA may provide disability compensation to veterans who got sick or were injured while serving in the military and those whose service made an existing condition worse. Generally, VA disability pay is not viewed as community property, but it may be considered for support calculations in a divorce.
- Medical Coverage: The spouse of a service member may lose their medical coverage as soon as their divorce becomes final. If a couple legally separates in lieu of a divorce, both parties may retain medical coverage and other military benefits.
- Housing: A civilian spouse may be required to move out of military housing after their divorce from a service member.
- Jurisdiction: Washington courts typically handle military divorces in the same way as civilian ones, but various federal laws may apply.
- Servicemembers Civil Relief Act (SCRA): This federal law protects active-duty service members by allowing them to pause or stay legal proceedings during deployments or when they are unable to appear in court.
You may feel overwhelmed as you think about what a military spouse may be entitled to if they separate from their partner. Trust military divorce lawyers to treat your case with compassion and care.
Your attorney can guide you through the military divorce process and will safeguard the legal rights and best interests of you and your children at each stage.
Learn More About What a Military Spouse May Be Entitled to in a Separation
At Dellino Family Law, we provide you with a friend in the legal community. If you want more information about what a military spouse can be entitled to in a separation, we can assist.
Our team is available to discuss your military divorce case with you. To get started, schedule a case consultation with us.
