How is the division of medical benefits determined in a military divorce?

The division of medical benefits in a military divorce is determined by the Nebraska Uniformed Services Former Spouses’ Protection Act (NUSFSPA). Under this act, a former spouse of a military member is eligible to receive medical, dental, and vision benefits at no cost or at a reduced cost through the 20/20/20 rule. The 20/20/20 rule applies to those former spouses who were married to a military member for 20 or more years, the military member served in the Armed Forces for at least 20 years, and the marriage and military service overlap for at least 20 years. The former spouse is eligible to keep their medical coverage for up to 36 months after the date of divorce or annulment, depending on the terms of the divorce decree. If the former spouse remarries, they are no longer eligible for the benefits. However, they may be eligible for continued coverage under TRICARE if the spouse meets certain criteria. The division of other military benefits in a military divorce, such as burials, veterans’ medical care, disability payments, or retired pay may also be addressed in the divorce decree. In most cases, the division of such benefits will depend on the length of the marriage. For example, if the marriage lasted more than 20 years, the former spouse may be eligible to receive retired pay, veterans’ medical care, and disability payments.

Related FAQs

What are the legal rights for military personnel involved in a divorce?
What is the Servicemembers Civil Relief Act and how does it apply to military divorces?
Are there any differences between a military divorce and a civilian divorce in another country?
Can I represent myself in a military divorce?
Are there any restrictions on the time frame for filing for a military divorce?
How is the division of military retirement benefits determined in a divorce?
Can I negotiate a settlement directly with my spouse for a military divorce?
Are there any special considerations for military divorces in other countries?
Does the military have jurisdiction over child custody disputes in a divorce?
Are there any differences between a military divorce decree and a civilian divorce decree?

How is the division of medical benefits determined in a military divorce?

Related FAQs

Related Blog Posts