Here's how the 10/10, 20/20/20 and 20/20/15 rules may impact you and your spouse: The 10/10 Rule Military divorce cases, however, are different, even though they're governed by state laws. When couples go through a divorce, they have to divide marital property according to state laws. If you feel lost, it makes sense to seek out a divorce attorney that you trust and who is experienced with military divorces. Reading through the USFSPA and through individual state laws can quickly become confusing. This is awarded through the state court system as part of the final divorce order. That means the USFSPA doesn't guarantee or entitle a former spouse to a portion of the military member's military retirement. When it comes to military retirement pay, for example, the USFSPA recognizes the right of states to distribute military retirement pay between the spouse in accordance with their laws. See note1 State divorce laws govern the process - getting divorced in Hawaii might look different than getting divorced in Alabama - but some federal statutes apply. In general, the benefits of the civilian spouse in a military divorce are governed through the Uniformed Services Former Spouse Protection Act, or USFSPA. Does a military spouse keep benefits after divorce? That's why you should consider hiring an experienced divorce attorney. However, JAG can't represent you in court. The military's Judge Advocate General (JAG) Corps provides free support for service members going through a divorce. Will the military provide a lawyer during the divorce? Chances are, they can provide several more options for you to get the help you need. Some of these organizations have a religious affiliation.Ĭonsider these resources as a starting point. Search online for local nonprofits that provide marriage support or counseling. See note1 You can also connect with a military chaplain. Explore the confidential, nonmedical counseling offered through Military OneSource. ![]() What are the 10/10, 20/20/20 and 20/20/15 rules?Īs a service member, you have access to several resources that can provide the information and guidance you need to navigate a divorce, including:.Does a military spouse keep benefits after divorce?.Will the military provide a lawyer during the divorce?.Read on for nine questions to ask yourself as you prepare for this chapter. ![]() If you and your spouse have decided to end your marriage, be aware that military divorce has special considerations. Frequent travel and demanding jobs can add stress to any marriage, but when "travel" is a nine-month deployment and "stress" means fighting in a combat zone, marriage can start to feel like a pressure cooker. It's no secret that the military lifestyle is difficult for service members and their families.
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