Marriage often entails accumulating various military benefits for both spouses, including healthcare, housing, retirement plans, and survivor benefits. Nevertheless, when a marriage begins to crumble, and divorce becomes an imminent reality, questions surface regarding the destiny of these military benefits. This article aims to shed light on what transpires to military benefits during a Washington divorce, ensuring a comprehensive understanding of the matter.
Military Retired Pay
The Uniformed Services Former Spouses’ Protection Act (USFSPA) empowers state courts to distribute military retired pay as marital property in the event of divorce. Consequently, a Washington divorce court can allocate the military’s retired pay between both parties, treating it as any other property division. However, the court must take into account a federally-recognized guideline known as the 10/10 rule.
Under the 10/10 rule, the spouse seeking a share of the retired pay must have been married to the military member for a continuous period of ten years. Additionally, the military member must have accumulated at least ten years of service credits towards retirement. Only then will the court automatically consider dividing the retired pay.
Survivor Benefit Plan (SBP)
Military service members have the option to participate in the Survivor Benefit Plan (SBP). This program ensures that an annuity is provided to the military member’s spouse in the event of their death. However, in cases of divorce, a court can order the military member to continue contributing to SBP and alter the designated beneficiary through a legally-binding court order.
Healthcare Benefits
Following divorce, both divorced military service members and their former spouses may be entitled to healthcare benefits. An option available is the Continued Health Care Benefit Programs, which allows a court to decide that a former spouse receives the continued healthcare coverage as part of the divorce agreement.
Housing Benefits
Unfortunately, divorcing military members may lose their housing allowance. Yet, they may still be eligible for on-base housing if they meet certain criteria. On the other hand, former spouses can only reside in base housing if they possess a legal custodial agreement for the couple’s dependent children.
In Conclusion
In Washington divorces, military benefits are deemed marital property and subject to division according to state law. Therefore, having a competent military divorce attorney who is well-versed in the laws and regulations surrounding military benefits is of utmost importance. Their expertise will prove invaluable in navigating the complexities involved in dividing military benefits during divorce. It is equally crucial to recognize that federal law governs certain aspects of military benefits, which can significantly influence how the divorce agreement is formulated. Consequently, seeking guidance from an experienced divorce attorney will safeguard your rights and assets during this delicate process.