How much does a military wife get after divorce?
Asked by: Cathryn Simonis | Last update: February 1, 2026Score: 5/5 (46 votes)
A military wife's share after divorce varies but can include up to 50% of the service member's disposable retirement pay, plus potential health/exchange/commissary benefits under specific "20/20/20" or "20/20/15" rules, and is determined by state law, federal guidelines (USFSPA), and court orders, with the 10-year marriage/10-year service rule allowing direct DFAS payments.
What is a military spouse entitled to in a divorce?
Military spouses have specific rights in divorce under federal law, primarily through the Uniformed Services Former Spouse Protection Act (USFSPA), which allows states to divide military retirement pay and grants benefits like healthcare (TRICARE), commissary, and exchange access under the 20/20/20 rule (20-year marriage, 20 years service, 20-year overlap) or the 20/20/15 rule for reduced benefits. While state courts handle the divorce itself, federal law dictates these key entitlements, which often include a portion of disposable military retired pay and continued access to MWR/medical facilities if criteria are met, though benefits cease if the former spouse remarries.
How much is the military pay after divorce?
How much will a former spouse receive under the USFSPA? The maximum amount that can be paid under the USFSPA is 50 percent of the member's disposable income. DFAS will pay a former spouse the monthly amount or amounts awarded in the pertinent court order up to the 50% limit.
Do you still get military benefits if you get divorced?
Effect of divorce on military benefits
You may retain your identification card and continue to receive your commissary, exchange and health care benefits until your divorce is final regardless of whether you meet the 20/20/20 rule.
Can my ex-wife get my VA benefits?
When Is An Ex-spouse Eligible to Claim Veterans Benefits? To be eligible for health benefits, an ex-spouse must have been married to the veteran for at least 20 years and have at least 20 years of active service. Further, the term of the veteran's service must have overlapped the marriage by at least 20 years.
Benefits Military Spouses Receive After Divorce
Who loses more financially in a divorce after?
Generally, women lose more financially in a divorce, experiencing steeper income drops and increased poverty risk due to career interruptions for childcare and lower earning potential, though the spouse who stayed home during the marriage often suffers most, and men also face significant costs like supporting two households. Factors like childcare responsibilities, lost income, and the gender wage gap contribute to women's greater financial vulnerability, despite men also seeing reduced living standards.
How much is 100% disability from the VA?
A 100% VA disability rating provides a tax-free monthly payment starting around $3,938.58 in 2026, but increases significantly with dependents like a spouse, children, or dependent parents, with added benefits possible for severe conditions like Aid and Attendance or Housebound status. The specific rate depends on your family's needs, with charts available from the VA.gov website to show exact amounts based on your dependents.
How long does TRICARE cover a spouse after divorce?
Generally, you remain eligible for TRICARE until the divorce is finalized, since you are still legally married. Once the court issues the divorce decree, eligibility for coverage typically ends unless you qualify under certain exceptions. Asking this question early helps you prepare for any transition in healthcare.
What are my rights as a military wife?
The military benefits you're entitled to as a military spouse include, but aren't limited to: Financial Support — Depending on the circumstances, you are likely entitled to financial support from your service member spouse. The amount will vary based on your unique situation.
Do you lose BAH after divorce?
A former spouse who is a civilian will no longer receive Basic Allowance for Housing (BAH). They will become financially responsible for their own housing, which may become a factor in divorce negotiations.
What is the 10 10 10 rule for divorce?
The "10/10 Rule" in military divorce determines if a former spouse receives direct payments from the military pension, requiring at least 10 years of marriage that overlap with 10 years of the service member's creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) sends the court-ordered portion directly to the ex-spouse; if not, the service member pays the ex-spouse directly, though the court can still award a share of the pension. This rule affects how payments are made, not the eligibility for pension division itself, which is decided by state law.
How much do ex-military get paid per month?
As of Jan 13, 2026, the average annual pay for a Retired Military in the United States is $53,700 a year. Just in case you need a simple salary calculator, that works out to be approximately $25.82 an hour. This is the equivalent of $1,032/week or $4,475/month.
Does the military do free divorces?
Military lawyers and the legal side of military divorce
You can access free military legal assistance to make sure you are abiding by the laws and rules.
Does my ex-wife get half my military retirement?
The USFSPA does not create a federal right to any portion of military retired pay on behalf of the former spouse, but rather recognizes that the states may divide it as marital property. The USFSPA does not allow the law to confer an entitlement to a portion of military retired pay based solely on length of marriage.
How long do you have to be married in the military to get alimony?
In addition, for orders dividing retired pay as property to be enforced under the USFSPA, a member and former spouse must have been married to each other for 10 years or more during which the member performed at least 10 years of military service creditable towards retirement eligibility (the 10/10 rule).
What is the 20 20 15 rule for military divorce?
Scenario 2: The 20-20-15 Rule
20: You were married to the same sponsor/service member for at least 20 years. 15: Fifteen of those years overlap the 20 years of creditable (active or reserve) service that counted toward your sponsor's retirement.
What does a military wife get in divorce?
Military spouses have specific rights in divorce under federal law, primarily through the Uniformed Services Former Spouse Protection Act (USFSPA), which allows states to divide military retirement pay and grants benefits like healthcare (TRICARE), commissary, and exchange access under the 20/20/20 rule (20-year marriage, 20 years service, 20-year overlap) or the 20/20/15 rule for reduced benefits. While state courts handle the divorce itself, federal law dictates these key entitlements, which often include a portion of disposable military retired pay and continued access to MWR/medical facilities if criteria are met, though benefits cease if the former spouse remarries.
What is the 2 2 2 2 rule in marriage?
The 2-2-2 rule is a relationship guideline for couples to maintain connection by scheduling intentional time together: a date night every 2 weeks, a weekend away every 2 months, and a week-long vacation every 2 years, helping to prioritize the relationship amidst daily stresses and routines. It's a framework for regular quality time, communication, and fun, originating from a Reddit post and gaining traction for preventing couples from drifting apart by focusing on consistent connection.
What not to do during separation?
When separated, you should not rush big decisions, badmouth your spouse (especially to kids or on social media), involve children in the conflict, move out of the family home without cause, make financial promises without legal advice, or let emotions dictate impulsive actions like excessive spending or dating too soon, focusing instead on maintaining civility and protecting finances and children.
What is the 10 year rule in military divorce?
If the former spouse was married to the service member for at least 10 years of the member's creditable military service, the 10/10 rule applies. It allows the former spouse to be paid directly from DFAS. Direct payment does not happen automatically.
How to protect yourself in divorce financially?
What Should I Do to Protect Myself in a Divorce and Safeguard My Financial Stability?
- Create a Financial Plan for Your Divorce. ...
- Open Your Own Bank Account. ...
- Separate Your Debt. ...
- Monitor Your Credit Score. ...
- Take an Inventory of Your Assets. ...
- Review Your Retirement Accounts. ...
- Consider Mediation Before Litigation.
Do ex-wifes of veterans get benefits?
If a former spouse divorces a member of the military who performed at least 20 years of service after at least 20 years of marriage and there was at least a 20-year overlap between the marriage and eligible service, then the former spouse may retain their full military benefits.
How much disability will I get if I make $60,000 a year?
If you make $60,000/year, your disability payment depends on the type of insurance: Private LTD usually pays around 60% ($3,000/month) of your income, while Social Security Disability Insurance (SSDI) uses a formula based on your Average Indexed Monthly Earnings (AIME), often replacing a smaller portion of higher incomes (potentially around $1,700-$2,000+ monthly for that income level, but requires using the SSA calculator).
What is the largest VA back pay ever?
The largest widely reported VA back pay award is over $720,000 for Korean War veteran Thomas Nielson, who received retroactive benefits for a claim denied for decades, including $663,000 for 20 years of back pay and $57,000 in widow's benefits after his death. Other significant amounts reported by law firms include over $580,000 and $525,000 in retroactive pay for different veterans, often resulting from long appeals or incorrect initial ratings.
What is the VA 5 year rule?
The VA 5-year rule protects a veteran's disability rating, stating the Department of Veterans Affairs (VA) can't reduce it after it's been stable for five years unless they have clear evidence of significant, sustained improvement in the condition, not just a single exam. This rule prevents arbitrary reductions for chronic conditions that are unlikely to improve, making it harder for the VA to lower benefits without proof of genuine, long-term betterment, although fraud can still be a factor.