Military Spouses

As a parent, your primary concern is the care and well-being of your children. If your spouse is active military, they may be deployed for long periods of time overseas and in active war zones. You have a compelling argument that the best interests of the children is served by you having full custody (called “residential placement” in Washington). The attorneys of Divorce Lawyers For Military will fight for the best interests of your children in court and will work tirelessly to help you achieve your goals in custody and visitation.

If a service member is court-martialed or administratively separated from service due to abuse, the service member’s spouse and family members can obtain temporary benefits and compensation, such as housing, health care, access to commissary and exchange facilities, and temporary financial support. The degree of benefits and support depends on the remaining service obligations of the offending service member. Qualifying offenses against a spouse or family member include assault, battery, rape, sexual assault, murder, and manslaughter.

If you have been married for twenty years or more of their military service, you are entitled to full continuing military health benefits, as well as continuing access to military commissary and exchanges.

If you obtain employer-provided health care, military health benefits cease. However, you will regain military health benefits if employer-provided health care ceases. Similarly, if you remarry, all the above-mentioned military benefits cease. However, if then you get divorced again, then you are once again entitled to full military benefits.

If you and your spouse separate but do not get divorced, you will continue to receive full married military benefits. You may also be entitled to additional financial support.

Like civilian retirement plans, military retirement plans are considered community property in the state of Washington. The Uniformed Services Former Spouses Protection Act (USFSPA) allows for military retirement benefits to be divided as property during a divorce.

If you were married for ten or more years during your spouse’s military service, then you are entitled to receive any portion of the retirement benefits awarded to you in divorce directly from the government (DFAS).

It is important to understand that no matter what property division is decided during the divorce, you will not receive any portion of the retirement benefits until your former spouse actually retires.

Military regulations require a service member to provide financial support to spouses and children upon separation. Especially if your spouse earns more money than you, they may be required to provide financial support in addition to the child support required by state law.

If you have been married for twenty years, fifteen of which covered your spouse’s military service, you are entitled to health benefits for one year.

If you have been married for twenty years, fifteen of which covered your spouse’s military service, you are entitled to health benefits for one year.