Michigan residents who are also on active duty in the military face inordinate challenges in maintaining their family unit. It is stressful, particularly if one spouse is in the service and the other is a civilian. Deployment can lead to various problems including infidelity and growing apart. This often results in a decision to divorce.
The service member will understandably be concerned about their military benefits, particularly if they are approaching military retirement after serving for 20 years. If there are children, this adds another wrinkle with support, custody and parenting time made more complicated by the service member being overseas with uncertainty as to when they will return.
Non-service member spouses face concerns of their own including how much support they might receive and what will happen with their medical coverage once they have ended the marriage.
Both sides should be aware of the laws and rules that dictate how their benefits might be impacted in a divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) is one consideration. Another is former spouses being entitled to medical coverage through TRICARE.
If the divorce proceeding is in Michigan, it is imperative to have assistance from a local professional who is experienced in all areas of divorce and knows how to handle these potentially contentious matters.
What does the USFSPA do?
There are several ways in which the USFSPA guides state courts with how to handle military divorce proceedings. Specifically, it covers retirement pay while shielding the service member with how the payments are made.
Courts are allowed to assess the retirement pay, categorize it as marital property, and divide it accordingly. Still, it limits how much the non-military spouse can receive by the Defense Finance and Accounting Service. The military member’s retirement pay will not be divided automatically. It has a limit on how much of their disposable income can be paid to the former spouse, so they keep more of their income.
Disposable income is capped at 50%. That means only half of that income the service member receives will be provided to the former spouse. Though the decree could award them more than 50%, the amount to be paid is still limited based on USFSPA. It is 65% if there are children from the marriage and spousal support is awarded.
TRICARE coverage
Medical coverage is another frequent topic for dispute, particularly for the non-military member. If they rely on the service member for their medical care and the divorce could put that in jeopardy, it can be a sticking point in the case.
TRICARE eligibility for the non-military member depends on the duration of service. There are two scenarios. First, there is the 20-20-20 rule. With 20-20-20, the non-service member will be eligible for TRICARE coverage if the sponsor has 20 years of creditable service, they were married to the same person for 20 or more years, and all 20 years counted toward the sponsor’s retirement.
The other scenario is 20-20-15. This means the sponsor had 20 years of creditable service, they were married to the same person for those 20 years, and 15 of those years count toward retirement.
Eligibility will be lost if the person receiving TRICARE through the former service member gets remarried, acquires their own health care through an employer, or was a spouse of a NATO or Partners for Peace nation member.
Military members and their spouses need help tailored toward their situation
A military divorce has complexities that a civilian divorce does not. It is unfortunate that many marriages in which one or both parties are in the service come undone. However, when this happens, people who want to protect themselves, their interests, and the interests of their children should seek assistance that is aware of the obstacles and different rules that come into play in a military divorce.
Seeking guidance before moving forward with the case can provide information and help to achieve a positive result whether it is from the perspective of the service member or the civilian spouse.