Military divorces in Massachusetts involve a unique set of rules and regulations that aim to safeguard the rights and benefits of military members. To ensure a fair distribution of assets and support, it is crucial to comprehend the essential guidelines and laws governing military divorces in the state.
Complexity of Military Benefits and Divorce
When it comes to military divorces, the interplay between State and Federal laws makes the process more intricate compared to civilian divorces. While property division, spousal support, and child support are fundamental aspects of any divorce, military divorces introduce additional complexities due to the inclusion of various benefits and entitlements within the military member’s compensation package. These benefits encompass retirement pay, disability pay, medical care and insurance, Thrift Savings Plan, and life insurance.
Division of Military Retirement Pay
One of the primary benefits bestowed upon military members is their retirement pay. Under the Uniformed Services Former Spouse Protection Act (USFSPA), Massachusetts permits the court to divide military retirement pay during a divorce. This means that the non-military spouse may receive a portion of the service member’s retirement pay.
It is important to note that specific conditions must be met for a non-military spouse to be granted a share of the retirement pay. The ten-year rule stands as one requirement, meaning that the couple must have been married for at least ten years while the service member served on active duty.
Military Disability Compensation
Addressing military disability pay in divorce cases requires particular attention. Federal law states that disability pay is not divisible upon divorce unless the military member has voluntarily relinquished a portion of their retirement pay in exchange for disability compensation. Consequently, if the service member has not waived their retirement pay, the non-military spouse is not entitled to receive any portion of disability pay.
Access to Medical Care and Insurance
Tricare, the military’s health care system, provides service members and their families with free medical care. In a military divorce, the non-military spouse may be eligible to continue receiving medical care through Tricare if they were married to the service member for at least 20 years during active duty.
Utilizing the Thrift Savings Plan
The Thrift Savings Plan (TSP) is a retirement savings program available to military members. In Massachusetts, the court has the authority to order a portion of the service member’s TSP to be awarded to the non-military spouse, typically through a Qualified Domestic Relations Order (QDRO).
Life Insurance Considerations
The Federal Employees Group Life Insurance (FEGLI) program extends life insurance benefits to military members and select federal employees. Should a military divorce occur, a non-military spouse might continue to receive life insurance benefits under the FEGLI program if specific conditions are satisfied.
Consult an Experienced Massachusetts Divorce Lawyer
Navigating the complexities of military divorces necessitates the expertise of a seasoned Massachusetts divorce lawyer who comprehends the intricate nuances of the law. By seeking legal counsel, you can ensure the equitable distribution of benefits and entitlements that you rightfully deserve. If you or someone you know is facing a military divorce, reach out to an experienced attorney to guide you through the process and safeguard your rights.