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.

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

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