If divorcing a military retiree, know your rights

Dear Sgt Shaft:

I am about to get a divorce from my retired military husband after 42 years of marriage.

We were married 17 years of his 20 years of service time. We are registered in [the Defense Enrollment Eligibility Reporting System]. Am I still eligible to keep my benefits, i.e., commissary, PX and medical along with my ID card just like I have now? I need a directive on some proof of this. If there is a directive that I can get off the Internet, please inform. Thank you for your attention to this matter for me.

Nancy D.

Wetumpka, Ala.

Dear Nancy

While you are still married to the retired military member, I would strongly suggest that you call the nearest military (JAG) legal assistance office — probably at Maxwell Air Force Base and Gunter Annex — and make an appointment to speak to a military legal officer regarding your rights going into the divorce process.

The other document, AFI 36-3026(1), concerns identification cards. It is a lengthy document and addresses DoD policy on ID cards.

After all of the above — and in my judgment, most importantly — it is imperative that you be represented by a civil attorney who is totally familiar with the Uniformed Services Former Spouses’ Protection Act (USFSPA). You must have representation to protect your rights. Those rights must be a part of court documents that are defined in terms that will stand up to the financial processing requirements of the Defense Finance and Accounting Service (DFAS).

Get the best possible lawyer to represent your interest. Too many spouses fail to have adequate representation. Let the best possible lawyer negotiate the entire process to your benefit.

A third source of important information, while dated, will also help you understand the importance of language in the eventual court documents. This resource is located at www.abanet.org/legalservices.

In fact, if you run an Internet search on the term USFSPA, you’ll see a variety of additional resources available on the Internet for your review.

I hope this information is helpful.

Story Continues →