If you or your spouse is in the military, divorce is just as possible as it is for civilians. However, certain aspects—like benefits, deployments, or jurisdiction—can make the process slightly different and more complex. It’s important to understand how military service may affect your situation.

For example, for civilian divorces in Georgia, everything about it is dictated by Georgia law. If you are in the military, what happens to your benefits will be subject to federal law. Understanding your legal standing at this time can be tough, and speaking to family lawyer Shawna Woods of the Atlanta Divorce Law Group can help.

This guide looks into how divorce affects military benefits and can be an excellent read for individuals in the military and their spouses.

Military Pension Benefits

Individuals who have served in the military for 20 years or more are subject to a pension. Pension benefits can sometimes be the most significant income for veterans and are considered marital property.

So, in the event of a divorce, the service member’s ex-spouse has a right to a share of the pension benefits, but the share is subject to the period the couple was married while the military service member was in active service.

For couples where the marriage-service overlap is less than ten years, the retired service member will have to pay for their exposure. If the overlap is over ten years, the ex-spouse benefits from the DFAS. DFAS, which stands for Defense Finance and Accounting Service, is the primary pay and accounting agency for the US Department of Defense, including military veterans and their families.

The 20/20/20 Rule

The 20/20/20 rule is a concept applied in military divorce proceedings to determine if an ex-spouse is entitled to the same benefits as the military spouse after divorce. Under the rule, the military spouse must have served for 20 years and be married for 20 years. There must also be at least 20 years of marriage and military service overlap.

If an ex-spouse meets all the above requirements, they will be entitled to all military spouse benefits even after divorce. These benefits include keeping their military ID, which means access to overall military financial amenities. They also keep access to Tricare benefits but must re-register using their name and social security number. Also, it’s important to note that Tricare benefits remain accessible up until and until they remarry.

Thrift Savings Plan

A thrift savings plan (TSP) is the military equivalent of a civilian 401(k). Service members make monthly contributions, and the military makes matching contributions. Like 401(k) contributions, savings in the third plan are part of marital property and subject to division following a divorce.

The divisible portion of the TSP is the portion contributed during the marriage. This means if the military spouse has served for 20 years but has only been married to the person they are divorcing for five years, the 15 years of contribution to the plan will not be subject to division.

Just like in 401(k), the non-military spouse can roll their portion of the TSP to a qualifying account or their IRA.

Get Additional Help

Online posts can offer general guidance, but they often don’t cover every detail involved in a military divorce. Each case is unique, especially with military rules, benefits, and timelines in play. That’s why it’s smart to speak with a qualified family lawyer who has direct experience handling military divorce cases and understands the system well.

Conclusion

The difference between military and civilian divorces is not limited to benefits. For example, custody arrangements can be challenging because the serving spouse could be deployed, impacting a child’s best interests.

Family lawyers with experience handling military divorces have insight into all aspects of the divorce, so they can guide you on what steps to take to guarantee the best outcomes.

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