Divorce is a complicated process, especially if there are a lot of assets to distribute or child custody arrangements to consider. However, if one or both spouses are in the military, legal proceedings can be even more complicated than usual.
Here are three things to know about getting a military divorce for residents of Minnesota.
1. What if one partner is on deployment?
The Servicemembers Civil Relief Act allows those who are on active deployment to delay legal matters such as a lawsuit or divorce for up to 90 days, or potentially longer. It may be quite difficult, if not impossible, to go through with a divorce unless you and your deployed spouse are in agreement that you want to get the process over quickly.
2. Can military spouses continue to receive benefits?
This depends on the benefit in question, as well as the amount of time your spouse was in the military and how long the marriage lasted. For example, you may qualify for one year of TRICARE post-divorce if you have 15 years of marriage that overlaps with your spouse’s military service. Keep in mind that access to benefits could end should you become re-married.
3. What about the Basic Allowance for Housing?
The non-military spouse usually loses their BAH 30 days after the divorce. The military spouse can expect their BAH to change to the single allowance unless they have custody of dependent children.
Being aware of the unique considerations you must give to a military divorce can allow couples to make the process go more smoothly.