Military divorces often involve specific considerations due to the nature of military service and benefits. The following will explore the types of alimony used in these cases and the eligibility criteria for certain military benefits post-divorce.
Types of alimony in military divorces
Some of the more common examples include:
- Open durational alimony: This type of alimony is typically awarded in longer marriages where one spouse may not be able to achieve financial independence. It continues indefinitely until a significant change in circumstances occurs, such as remarriage or retirement.
- Limited durational alimony: This form of alimony is awarded for a specific period less than the length of the marriage. It is often used in shorter marriages where one spouse needs temporary financial support to adjust to single life.
- Reimbursement alimony: This type compensates a spouse who supported the other through education or training that increased their earning potential. It is a way to repay the supporting spouse for their contributions.
- Rehabilitative alimony: This alimony supports a spouse while they gain education or training to become self-sufficient. It is designed to help the recipient become financially independent within a set timeframe.
Judges will consider various factors such as the duration of the marriage, standard of living, earning capacity, tax considerations, and age and health as well as employability of each party when making their determination.
Military spouse benefits and the 20/20/20 rule
Military spouses may retain certain benefits after divorce if they meet the 20/20/20 rule. This rule requires:
- The marriage lasted at least 20 years
- The service member served at least 20 years
- There was a 20-year overlap between the marriage and military service
Meeting these criteria allows the former spouse to retain access to military benefits such as healthcare and commissary privileges.
Military pension and retirement benefits
The court may also consider military pensions and retirement benefits as marital assets subject to division during divorce. However, the USFSPA requires the marriage last at least 10 years and the service member serve 10 years in order for the other party to receive retired pay. This is known as the 10/10 rule.
It is important for those going through a divorce where one party is or was a service member to understand the nuances of alimony in these cases. It is unique from civilian divorce. Due to its complexity, it is wise to seek legal counsel with experience in military divorces to help better ensure your interests are protected throughout the process and mitigate the risk of any surprises after you finalize the divorce.