Today, we’ll touch on additional, technical aspects of military divorce and separation.
What if you do not qualify for continued benefits per the 20/20/20 rule or 20/20/15 rule? Can you collect any health benefits, for instance?
The answer is a qualified “Yes.” The Department of Defense supports what’s called the “Continued Health Care Benefits Program,” which provides 36 months of temporary health coverage for recently unmarried spouses of military personnel. The TRICARE website has more information about this process.
Will you be evicted from military housing?
Legally speaking, only military personnel and their families are allowed to stay in installation housing. Your military spouse cannot evict you: the installation commander can, however. Once you’re separated and no longer married, you’ll have 30 days to relocate from military housing to housing elsewhere.
How does alimony and child support work through military courts or civilian courts?
Every service branch has its own rules regarding alimony and child support. In general, military members must offer some support. However, you’ll ultimately need to ask a civilian court to request alimony and child support. Also, you’ll need to send an order to the defense, finance and accounting service to collect said benefits. The rules, exceptions, and bureaucracy associated with child support and alimony after military service can be pretty complicated, depending on the nature of the service and the family relationships.
Please call the skilled and seasoned military divorce lawyers at the Toussaint Law Firm, PC for help understanding your needs and rights.