Nolo's Essential Guide to Divorce - Emily Doskow [143]
Don't wait to get your insurance ducks in a row. You have only 60 days after you lose your military medical benefits to apply for CHCBP coverage.
Get the details. Check out www.human-military.com/chcbp/main .htm for more information about CHCBP
You can keep the CHCBP coverage for up to 36 months. It's possible that some people may be able to keep the coverage longer if they meet certain criteria-they must have been enrolled in TRICARE at the time of the divorce, must not be covered under any other health insurance, must not remarry before reaching age 55, and must either receive a portion of the service member's military retirement or be the beneficiary of the Survivor Benefit Plan, discussed below. If you meet all these criteria, ask an attorney to advocate for your right to maintain your CHCBP insurance coverage.
If you no longer qualify for military medical benefits, it doesn't mean that your former spouse is automatically off the hook for your health insurance or health care expenses. You may want to negotiate to have your health insurance expenses taken care of as part of your support in the overall divorce settlement package.
Dividing Property
Dividing personal property or real estate in a military divorce isn't all that different from dividing it in a civilian divorce. Chapter 10 explains pretty much all of what you need to know about this issue. The most important element of property division is dealing with a military pension, and that's addressed next.
Pensions, Insurance, and Other Benefits
Though it operates under very different rules than the private sector, the military is still an employer. It provides a variety of employment benefits, including medical and pension benefits, life insurance, and various other opportunities. All of these benefits of employment are subject to division in your divorce according to the law of the state in which you are getting divorced.
Military Pensions
The military has some special rules regarding pensions and divorce.
There are three different retirement plans that might apply to service members, depending on when they joined the service: Final Basic Pay, High-3, and CSB/REDUX. The terms of each of these plans are complex, and civilian spouses will need a lawyer's help in identifying which plan the military spouse has and protecting their rights to a share of the benefits. There are a number of ways that a service member can make choices that benefit the service member at the expense of a civilian spouse, and you need to be sure you have a lawyer who is alert to all of these possibilities.
The 10/10 Rule and the USFSPA
Many people incorrectly believe that a civilian spouse in a military divorce can receive a share of the service member's retirement only if the parties meet the 10/10 rule: married for at least ten years with the service member having at least ten overlapping years of military service. (The rule is also sometimes referred to as the 20/10/10 rule, with the 20 referring to the number of years of service necessary for the service member to reach retirement eligibility.)
This isn't true, though it's easy to see where the misconception came from. For the military to pay a portion of a service member's retirement directly to a divorced spouse, the 10/10 rule must be met. But even if the marriage doesn't satisfy the 10/10 requirements, a court can still divide the military retirement it just can't be paid out directly by the military. You'll have to collect it from your spouse when he or she receives it.
It is up to the states to decide who gets what portion of the pension, in the same way they would decide how to divide a pension belonging to a civilian spouse. However, the Defense Finance and Accounting Service (DFAS) will pay only up to 50% of the pension directly. If the court awards more than that, the military spouse must make up the difference by direct payments.
Direct payments from DFAS also require a Military Pension Division Order (MPDO). This is similar to the Qualified Domestic Relations Order (QDRO) described in