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Military Divorce

When a party is an active military or a retired military member, there are unique issues to consider such as jurisdiction, former spouse benefits, division of military retirement, survivor benefit plans and Thrift Savings Plans. Monica Frost has experience dealing with military divorce and paternity cases, representing both the service member and the Military spouse and is willing to represent clients stationed around the world who need to communicate via Zoom, Skype, phone or email. 

When a spouse who is married to a service member at least 20 years, and the party serving in the military has served at least 20 years during the marriage, the spouse is entitled to Tri-Care medical benefits and other commissary and exchange benefits for life, as long as the spouse doesn't remarry. The spouse is also entitled to 50% of the marital portion of the net military retirement (which does not include VA Disability retirement), which will be paid directly by the Defense Finance Accounting Service (DFAS). This is referred to as the 20/20/20 rule. If this is not the case, then the former spouse will not be entitled to Tri-Care and commissary and exchange benefits.  However, a spouse who is not eligible for Tri-Care, may be eligible for Temporary Continuing Coverage for up to 36 months, which is similar to the civilian COBRA benefits. 

A party who was not married 20 years is still entitled to 50% of the marital portion of non-disability net military retirement, but it will only be paid directly from DFAS, if the parties were married for at least 10 years, and the party serving in the military has served as least 10 years during the marriage.

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I invite you to contact us to schedule a 30-minute free consultation by phone to determine if I am the right attorney for you. If you wish a more in-depth consultation in person, there will be a $150.00 fee for a one (1) hour consultation. You can take advantage of the free valet service and parking will be validated in the Rivergate Tower Parking garage located at Ashley Drive and Twiggs Street, next to Curtis Hixon park.

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