Benefits available to former spouses of military servicemembers whether retired or active duty are governed by The Uniformed Services Former Spouses’ Protection Act 10 U.S.C. § 1408. Having representation that understands military benefits and the combination of federal and state laws that are applicable to them is essential.
Military Pension: The former spouse of a servicemember may be entitled to a portion of the servicemember’s pension if they were married during 10 years of creditable military service (referred to as the 10/10 rule).
Survivor Benefit Plan: Servicemembers who are eligible to receive military retirement pay may be obligated to select their former spouse to receive military retirement pay after the servicemember's death so long as the servicemember predeceases the former spouse. If this has been ordered by the divorce court, the former spouse must submit a request to DFAS within one year of the order granting a divorce.
Health Insurance: A former military spouse may be entitled to continuing military health insurance through age 65 if they were married to a servicemember during 20 years of creditable military service. Another way for a former military spouse to receive benefits for a year is known as the 20/20/15 rule – married for 20 years to a servicemember with 20 years of creditable military service, of which 15 years they were married.