Whether a former spouse is eligible for benefits after a divorce from a servicemember spouse largely depends on the facts and circumstances of the case. The length of time the parties were married during the service may be the most important factor to consider.
To retain full military benefits, a spouse must meet the “20/20/20 Rule.” So long as the spouse has not remarried, he or she must have been married to the servicemember for at least 20 years and the servicemember must have performed at least 20 years of service creditable for retired pay, and have been married to the servicemember during at least 20 years of the creditable service.
There are of course other factors which must be considered in determining eligibility, and there may be other options for transitional or other benefits. It is important to have the information of your case reviewed with a Certified Family Law Specialist, who can evaluate the facts in your case using proper knowledge of the law. This is especially true in California, where community property laws may complicate an already complex network of laws and regulations. Contact us using the convenient form at the right to schedule your appointment now.
