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A Legal Consideration of Handling Divorce and Veteran Benefits

Posted by Crissy Del Percio | Dec 02, 2019 | 0 Comments

handling divorce and veteran benefits

Divorce can be an intricate legal process, involving unraveling various aspects of a couple's life from shared assets to veterans' benefits, which are sometimes overlooked. Divorce often presents unique challenges for military personnel and spouses when it comes time to understand and navigate legal perspectives related to veterans' benefits.

Veterans Benefits During Divorce
Benefits of military service for active-duty personnel typically include healthcare, pensions, and disability compensation as well as housing allowances. But when marriages end, what happens to these benefits? Luckily, The Uniformed Services Former Spouses' Protection Act offers protection in such instances to ensure fairness for both sides involved in such proceedings.

The impact of the USFSPA
The U.S. Family Support Act (USFSPA) plays an instrumental role in determining how veterans' benefits will be divided in divorce proceedings. State courts can use USFSPA to divide military retired pay among members and their spouses, with disposable retired pay such as retirement pay received but without disability benefits being dispersed as per USFSPA provisions.

Health Benefits
Military divorces may have serious repercussions for healthcare benefits, with non-military partners no longer having access to military healthcare systems after divorce. The 20/20/20 rule offers some relief, allowing non-military spouses to keep TRICARE coverage if their marriage lasted at least twenty years and both parties served for 20 years (and had at least an overlap in service of 20 years between each service member's career and marriage/military service).

Pension and Retirement Pay
Divorce proceedings often revolve around the division of military pensions. Under USFSPA, states are authorized to decide what portion is considered marital and subject to division, with courts awarding either an amount or percentage share to one spouse who isn't part of the military spouse family.

Disability Compensation
Although military disability benefits are generally not divisible during divorce proceedings, they could still have substantial financial ramifications. Disability payments do not count as retirement pay and thus do not fall within marital assets. Nevertheless, courts may consider this when making maintenance determinations or when dividing assets.

Housing Allowances
Housing allowances such as BAH are designed to help service members meet living expenses. Although BAHs do not typically count as marital assets that can be divided, a court will consider these allowances when assessing both parties' financial situations.

Legal Considerations for Veterans
Veterans should carefully consider how divorce could impact their benefits. In general, disability compensation benefits do not split during divorce proceedings; legal guidance and consideration will likely be required in this matter.

 

Veterans divorces are complex legal matters requiring expertise in family law and military regulations. Legal perspectives on veterans' benefits vary based on factors like marriage length, military service period, and overlap, so it's advisable to consult a family law attorney. Legal complexities surrounding veterans' benefits are crucial for veterans and their spouses in divorce proceedings. Balancing interests, honoring service-related sacrifices, and ensuring equitable asset division are key considerations. A lawyer's perspective ultimately determines the outcome of veterans' benefits-related proceedings.

If you have inquiries or if you want to hire a divorce lawyer in Kansas City, call the office of Drama Free Divorce now through this number (816) 615-5555

About the Author

Crissy Del Percio

Crissy Del Percio is a graduate of the University of Missouri-Kansas City School of Law. Additionally, she received her undergraduate degrees in Journalism (News and Information) and Communication Studies from the world-renowned home of the Jayhawks – the University of Kansas. She has been practicing law for a decade and spent the first part of her career specializing in helping low-income survivors of domestic violence. Now at Drama-Free Divorce, Crissy enjoys helping people consciously uncouple. She is also a Guardian Ad Litem and domestic mediator. Crissy has won a number of prestigious awards for her work in public service, but you likely recognize her from her acting career, where she is also an award-winner. In her free time, she enjoys spending time with her egregiously overpriced dog, Augustus Rodham and knitting. 

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