Military Divorce: What Benefits Can a Former Spouse Keep?

Understanding Military Divorce and Spousal Benefits

Divorcing a service member comes with unique challenges — from navigating federal laws to understanding military benefits. At Mundahl Law, we help spouses of military members protect their rights and secure the benefits they’ve earned through years of sacrifice and service.

Military divorces are governed by both state law and the Uniformed Services Former Spouses’ Protection Act (USFSPA), a federal law that allows states to divide military retired pay as marital property.
However, what you’re entitled to depends largely on how long you were married and how much of that marriage overlapped with your spouse’s military service.

The Key Rules You Need to Know

10/10 Rule

If your marriage and your spouse’s military service overlapped for at least 10 years, the Defense Finance and Accounting Service (DFAS) can send your share of retirement pay directly to you each month.

20/20/20 Rule

If you were married for 20 years, your spouse served 20 years, and those years overlapped, you may retain full military benefits — including Tricare, commissary, and exchange privileges — even after divorce.

20/20/15 Rule

If your marriage and service overlapped for at least 15 years, you may qualify for one year of transitional medical coverage under Tricare after divorce.

Benefits That May Continue After Divorce

• Retirement Pay: You may receive a share of your spouse’s military pension as part of the divorce settlement.
• Health Coverage: If you don’t qualify under the 20/20/20 rule, you may purchase temporary coverage under the Continuation Health Care Benefit Program (CHCBP), similar to COBRA.
• Survivor Benefit Plan (SBP): This provides continuing income to a designated beneficiary after a service member’s death. It must be elected by your spouse or ordered by the court.
• Commissary & Exchange Privileges: You may continue to access base facilities and benefits if you meet the 20/20/20 rule.
• GI Bill & Thrift Savings Plan: GI Bill benefits already transferred to you may remain valid, and the Thrift Savings Plan (TSP) can be divided like a civilian retirement account.

Protecting Your Rights in a Military Divorce

Military divorces involve overlapping federal and state rules — and small mistakes can mean lost benefits. Keep these steps in mind:

1. Document your marriage and service overlap. This determines eligibility for most benefits.
2. Include all benefit terms in your divorce decree. Specify retirement division and SBP coverage.
3. Meet election deadlines. Some benefits, like SBP, have strict timelines for claiming eligibility.
4. Work with an experienced military divorce attorney. The laws are complex, and proper guidance is essential to protect your financial future.

Get Experienced Military Divorce Guidance

At Mundahl Law, we understand the unique emotional and financial complexities of military family life. Whether you’re facing a divorce, custody dispute, or questions about military benefits, our team provides the clear, compassionate, and experienced representation you deserve.