The duration of a military marriage will affect a divorce in Kentucky. Two of the most concerning issues in a military divorce include the division of retirement and continuing access to military benefits. There are several issues affecting divorce when it comes to these matters.
You will often hear the terms 20/20, 20/15 or 20/10 thrown about in these conversations. The first number is the number of years of active military service, and the second is the number of years from the date of marriage to the date of the actual divorce (not when you separate).
The third element in these conversations involves the number of concurrent years between the marriage and military service. How many years did the number of years of marriage occur simultaneously as the years of military service.
This results in a set of rules known as the 20/20/20 rule or the 20/20/15 rule.
Here is a brief summary of how the duration of a military marriage will affect a divorce in Kentucky:
The 20/20/20 Rule: If the former (and un-remarried) spouse of a member of the military was married to the military member for at least 20 years at the time of the divorce, the military member has accumulated a minimum of 20 years of service credited toward retirement pay and the marriage occurred during 20 years of active service, the former spouse will usually qualify for medical, commissary, PX and theater privileges based upon the Morale, Welfare and Recreation program.
The 20/20/15 Rule: The un-remarried former spouse of a member of the military may be entitled to continuing medical coverage if the service member had 20 years of service, the marriage lasted at least 20 years and the dates of the marriage overlapped the period of military service by at least 15 years. Note: in the 20/20/15 scenario the former un-remarried spouse does not retain access to the installation, PX or commissary.
Division of Retirement Benefits in a Military Divorce
The division of retirement benefits is another important area where the duration of a military marriage will affect a divorce in Kentucky. It is important to note that Kentucky Family Courts have the authority to “award retired pay to the former spouse if the court chooses to do so; it does not require the court do so. Unless the court has issued a final order awarding a portion of the service member’s retired pay to the former, un-remarried spouse then DFAS cannot give the pay directly to the former spouse.”
There are specific laws that dictate how a retirement should be divided in the context of a military divorce, but more importantly, when and how payment is actually to be made. The division of retirement in a military divorce is also generally based upon the number of years of the marriage, and the number of years of military service during that marriage.
For example, if you are married 20 years or longer during the years of service of the military spouse, and the military spouse served 20 or more years while married, the non-military spouse will be considered a 20 /20 spouse and almost always receive 50% of the military retirement benefits.
When the concurrent term of the marriage during the years of service is greater than 10 years but less than 20 years the former, un-remarried spouse will be paid retirement benefits directly form DFAS. If the term of the marriage during the years of service is less than 10 years you will have to pursue the military spouse once they access retirement benefits.
It is important to work with an experienced divorce attorney who understands the complexity of divorce law and practices related to active and past military service and how the duration of a military marriage will affect a divorce in Kentucky.
Obtain an Experienced Military Divorce Attorney Who will Tailor Representation Based Upon Your Needs
My name is John Schmidt and I have more than 25 years of experience in Kentucky family law cases including those involving a military divorce. Military divorces are particularly complex and require the assistance of lawyers who understand the associated laws and unique issues involved.
At the Law Offices of John Schmidt & Associates PLLC, we understand the legal issues you face as a member of the U.S. military and the sacrifices of a military spouse as well as the steps we must take to ensure your future remains positive. We respect your service to our country, and we hope to repay you by offering the high-quality, compassionate legal counsel you need at a reasonable price.
We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get answers to your questions and to learn more about your unique circumstances and how to protect what is most important to you in your family law case.