Divorcing a military spouse can be a thorny process, especially when it comes to determining benefits and entitlements. Since military benefits have many subcategories, a military divorce can be more complicated than a civilian one. As a military spouse in Kentucky, if you’re going through a divorce, you may be wondering whether you’re entitled to any benefits or support. In this article, we shall explore the rights that a military spouse has during and after a divorce in Kentucky.
Military Spouse Benefits During Divorce
During a Kentucky military divorce, the service member is responsible for providing their spouse with a 20/20/20 or 20/20/15, depending on the amount of time they spent in service. The 20/20/20 rule means that the service member must have been in the military for at least 20 years, they were married for at least 20 years during their service, and the divorce happened while the service member is in active service. The 20/20/15 rule applies if the service member is still serving and has already been in the military for at least 20 years, the ex-spouse was married for at least 15 years during the service period, and the divorce occurred soon after the military service ended.
The 20/20/20 or 20/20/15 rule entitles the non-military spouse to some benefits, including military identification cards, access to the commissary, exchange, and medical facilities. They may also be eligible for continuing medical coverage under TRICARE provided they do not remarry.
Military Spouse Benefits After Divorce
In Kentucky, military spouses are eligible to receive some benefits even after their divorce. However, the entitlements depend on several factors, such as the length of the marriage, the length of the military service, and the specific terms of the divorce decree.
Health Care Benefits
If a military spouse decided to end their marriage, they can keep their TRICARE medical benefits for up to one year under the Transitional Assistance Management Program (TAMP). The service member is required to pay for the coverage to be maintained.
After the TAMP period, the non-military spouse can enroll in the Continued Health Care Benefit Program (CHCBP), which is a premium-based plan that provides coverage for up to 36 months after the divorce.
Retirement Benefits
A military spouse with 20/20/20 benefits is entitled to a portion of their ex-spouse’s retirement pay, but the specific amount varies depending on the length of the marriage. The non-military spouse is also entitled to Survivors Benefit Plan (SBP) coverage, which is a life insurance plan that provides 55% of the service member’s retirement pay after they pass away.
Child Support and Alimony
In Kentucky, child support and alimony are determined by the state’s guidelines. In cases where the service member resides in another state, the Uniformed Services Former Spouses’ Protection Act (USFSPA) outlines specific rules for divorces involving military members.
Conclusion
As a military spouse, it’s important to seek legal advice before and after a divorce to understand what benefits you’re entitled to. Divorce is already complicated, and the specific requirements for military spouses can make it even more challenging. Speak to a qualified attorney in Kentucky who can guide you through the entire process and ensure you receive everything you’re entitled to.