Military spouse divorcing - what benefits change?

I am the spouse of a military retired person and currently have tricare for life. When we divorce (married 40 years), what do I need to do? I have a Deers ID and a military card.

Who do I call and what do i need to report?

Tricare is currently my secondary to medicare, will that change?

I don't have access to military lawyer and local lawyers aren't familiar with SBP and retirement Quadros. Is there a way to subcontract that part of the legal stuff and if so, where do I get that person?

4 Answers

  • 8 years ago
    Favorite Answer

    Study everything you can about the Uniformed Services Former Spouse Protection Act (USFSPA). Pay particular attention to the entitlements of a 20/20/20 spouse. That is the program that would grant you benefits. Whether or not you retain SBP or any of the retiree's retainer pay is entirely based on how well you and your lawyer understand the USFSPA and what you negotiate in the divorce decree. But if you are a 20/20/20 spouse you will, at a minimum, retain ID card privileges and health care coverage.

  • 4 years ago

    T right here is not any Federal regulation that directly entitles a former spouse to an element of a member’s militia retired pay. A former spouse could have been offered an element of a member’s militia retired pay in a State court order. The Uniformed ServicesFormer Spouses’ protection Act (USFSPA), identify 10, u . s . Code, area 1408, exceeded in 1981, accomplishestwo issues. First, itauthorizes(yet doesnot require)State courts to divide militia retired pay as a marital asset or as community sources in a divorce proceeding. 2nd, it could provide a mechanism for a former spouse to implement a retired pay as sources award by direct money from the member’s retired pay. Retired pay as sources money are potential in simple terms. Retired pay arrears will no longer be able to be accrued below the USFSPA.

  • 8 years ago

    Call Tricare - they can answer all your questions.

    If your divorce lawyer can not help you with this, then you need to get a new lawyer - this is the sort of things you pay them the big bucks to take care of.

  • 8 years ago

    I do know you get 50% of his Retirement Pay for LIFE...

    and get to keep TRICARE...and SS...

    Nothing he can do about that...

    Going to cost him BIG TIME !!!!

    Had a Vet try that BS on a Friend of mine...

    and she came asking...that is part of what she received...

    plus Half of Everything they owned...She took the New car...Paid for...

    Source(s): Retired Marine...VSO...
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