Military Benefits

If you are a member of the military, the amount of “creditable years” of service you have determines what length and amount of retirement and health benefits you may be entitled. If you become involved in a divorce action, similarly, much is predicated upon the length of the marriage during your years of service.

The following is a list of issues you should consider:

Federal law considers military retirement pay as marital property but state laws differ in their interpretation in some cases.
A state court order may not be enough to establish your benefits.
There is a statute of limitations on claiming your share of an ex-spouses benefits.
According to federal law, divorce spouses are not entitled to the service member's disability pay.
If you have been married at least 10 years and the spouse has the required amount of creditable service, the former spouse may be entitled to receive retirement pay directly from the Defense and Accounting Service office (www.dfas.mil)
If you and your military spouse were married for 20 or more during military service then you are normally eligible for medical coverage. Your dependent children may also continue to receive coverage. Visit your regional TRICARE office, www.tricare.osd.mil, for info on eligibility.

Our attorneys frequently represent military members and are well versed in the complicated issues related with military benefits and divorce.

If you are in need of assistance, please call Dickerson & Smith today for an appointment 757 463 4900.