Manual Military Retirement Benefits: You Can Qualify for Them After Your Divorce

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Closing the chapter on a marriage can be a confusing time. If not, the former spouse stays eligible up until the day the divorce is final.

To do this, bring a certified copy of the divorce decree or annulment to a local ID card office. To establish eligibility, you need your marriage certificate, divorce decree, and proof of service. When you qualify for TRICARE as a former spouse, you have the same benefits as a retired family member, and your health plan options depend on where you live. You may:. Going through a divorce is difficult. This is one way to take command of your health. Health Plans. Compare Plans.

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    How Divorce Affects VA Benefits

    Qualifying Life Events. Separating from Active Duty. Giving Birth or Adopting. In the case of active service members, determining residence can be difficult because active service members are often stationed at different places around the country and the world. Normally to file for divorce in Kansas, one spouse must have been a resident of Kansas for at least 60 days prior to filing. An active service member is considered a resident of Kansas if he or she intends to move back to Kansas after their service.

    This was the case in Perry v. Perry , where the court held that a service member can file for divorce in Kansas even though he or she is stationed in another state, so long as the intention to return to Kansas exists. However, this approach can be difficult for service members that are stationed in Kansas but residents of another state. Section b creates an exception to its filing rule to keep military families from waiting to get divorced.

    Under Section b , an active service member stationed in Kansas may file for divorce in Kansas no matter how long they have been stationed in the state or his or her true state of residence. This law almost always allows an active service member to obtain a stay of proceedings if the service member can provide proof of active service away from Kansas. However, it has not been decided by Kansas courts whether the act applies in all matters of divorce, specifically temporary custody orders.

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    For example, in In re Marriage of Bradley , a service member attempted to challenge a temporary child custody order under the Act. However, the court never decided the issue because the husband failed to provide the document to show he was on active duty outside of Kansas, thus failing to meet the requirements of the Act. Nonetheless, the court did seem to suggest that had he provided the document, the Act could have been used to pause the temporary order.

    Until the court squarely answers the question, it is impossible to determine what the answer will be. In the context of divorce, Congress has passed numerous laws that dictate how states must treat military retirement benefits. Under statute, 10 U.