Divorce, an already intricate and daunting experience, becomes even more intricate when military benefits come into play. The unique challenges that military divorces present often revolve around the protection and division of military benefits. Regardless of whether you are actively serving or retired, safeguarding your military benefits during a divorce is of utmost importance. To navigate this complex terrain, it is crucial to have a comprehensive understanding of your rights and protections.
Dealing with Military Benefits
Military benefits encompass various components that form an integral part of a service member’s compensation package. These benefits include medical and dental care, housing allowances, and retirement benefits. Consequently, they become potential subjects for division during a divorce.
According to Indiana law, military retirement pay is considered a marital asset that is subject to division in a divorce. Depending on the length of the marriage, the non-military spouse can be entitled to receive up to 50% of the retirement pay.
In contrast, other military benefits like medical and dental care and housing allowances are not subject to division. However, under certain conditions, a former spouse may still be eligible for continued medical, dental, and commissary/exchange privileges.
Protecting Your Military Benefits: A Multi-Faceted Approach
When facing a military divorce, implementing measures to safeguard your military benefits is critical. Here are some strategies to maximize the protection of your benefits:
Engage an Experienced Divorce Attorney
To effectively protect your military benefits throughout the divorce process, the initial step is to seek the assistance of a seasoned military divorce attorney. An experienced attorney can help you comprehend your rights and protections, accurately evaluate and divide your military benefits, and advocate for your interests in court.
Acquaint Yourself with Your Benefits
Gaining a comprehensive understanding of the military benefits at stake, the protections available to you, and your former spouse’s entitlements is crucial before proceeding with the divorce. Consulting with an attorney well-versed in military divorce can provide you with valuable insights regarding the intricacies of your benefits and the potential impacts of the divorce.
Scrutinize Your Divorce Decree
Thoroughly reviewing your divorce decree is imperative, as it serves as the final and binding document that governs the terms of your divorce. The decree should explicitly outline the division of military retirement, survival benefits, or any other benefits.
Explore Survivor Benefit Plan (SBP) Options
The Survivor Benefit Plan (SBP) is a program that permits military retirees to provide continued income to eligible survivors after their passing. Amidst a divorce, you may need to select a new beneficiary for the SBP or modify your existing election. Familiarizing yourself with your SBP options during the divorce ensures the appropriate coverage for your former spouse, children, or other beneficiaries.
Maintain Up-to-Date Records
Throughout the divorce process, it is crucial to keep your military records accurate and current. This includes your service record, personnel file, and DD Form 214. These records play a vital role in determining your military benefits and entitlements, making accuracy and completeness paramount.
Address Financial Aspects
Financial matters constitute a significant component of military divorces. It is essential to settle all joint debts, properly close or transfer accounts, and fairly divide financial assets. Enlisting the assistance of a qualified financial planner or accountant will help you navigate the financial intricacies and ensure your protection during this complex process.
In Conclusion
Navigating a military divorce can be a challenging and anxiety-inducing journey. However, by implementing measures to secure your military benefits, you can alleviate some of the uncertainty that accompanies this process. Collaborating with an experienced military divorce attorney, gaining a comprehensive understanding of your benefits and protections, and actively safeguarding your rights will help you secure the benefits you rightfully deserve.