What Are Military Spouses Entitled to After the Husband Asks for Divorce?


Quick Answer

A military spouse is entitled to the same benefits before and after the service member requests a divorce. The act of asking for a divorce doesn't affect benefits. As of 2015, a spouse's entitlement doesn't change until the date of the final divorce decree, states Military.com.

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Full Answer

The benefits to which a military spouse is entitled differ from case to case. In some cases, spouses can continue to receive health care, commissary and shopping exchange benefits after a divorce is final, according to Military.com. DivorceNet explains that civilian and military divorce differ in that military divorce can be governed by not only state laws and federal statutes but also military codes. For example, the Uniformed Services Former Spouse Protection Act applies to cases of military divorce.

In accordance with this law, several requirements determine a military spouse's eligibility for continued commissary, exchange and health care benefits, states Military.com. First, the service member must have served a minimum of 20 years of creditable service. Next, the marriage must have lasted at least 20 years during the period when the service member was performing his creditable service. In cases that meet these requirements, military wives can continue to receive full commissary, exchange and health care benefits after a divorce is final.

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