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FREQUENTLY ASKED QUESTIONS

The following are answers to frequently asked questions about military divorce and family law issues. The questions are categorized by subject matter and are updated frequently. If you have a question not listed here, please submit your question by using the form to the right and we will make every attempt to list your question and answer on this page.  

Military Child Custody Issues

 

 

 

 

 

 

 

 

 

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Military Child Support Issues

 

 

 

 

 

 

 

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Military Retirement Division

 

 

 

 

 

 

  • I believe my ex-spouse has retired and should be paying me part of the retirement, but I don't know where my ex-spouse is living. I there anything I can do?

 

  • My ex-spouse has retired from the military, but I am not receiving my part of the retirement. What can I do?

 

  • My lawyer will not prepare the proper paperwork for my portion of my ex-spouses' military retirement. Can I do it myself or do I have to have a lawyer?

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Survivor Benefit Plan (SBP)

  • How much does the Survivor Benefit Plan cost?

 

  • Is the Survivor Benefit Plan mandatory?

 

  • Can a service member unilaterally cancel the Survivor Benefit Plan?

 

  • Who has to pay for the Survivor Benefit Plan?

 

  • Why if I die will my ex-spouse will get more money from the Survivor Benefit Plan payments than my ex-spouse is entitled to from my pension?

 

  • Can I choose an amount less than the full Survivor Benefit Plan coverage?

 

  • Can I divide the Survivor Benefit Plan?

 

  • What is a deemed election and how is such an election made?

 

  • What are the requirements for electing the Survivor Benefit Plan for an ex-spouse?

 

  • What happens if the Survivor Benefit Plan was not properly elected for an ex-spouse?

 

  • If I get remarried, am I still entitled to the Survivor Benefit Plan?

Benefits for Former Military Spouses

  • ​​​​Can the ex-spouse of a service member keep Tricare after a divorce?

 

  • How much do continued health care benefits cost?

 

  • How do I sign up for continued health care benefits?

 

  • I was married to my service member ex-spouse for more than twenty years, am I entitled to keep my Base and Exchange priveledges?

 

  • If I get remarried will I still be entitled to the benefits I received in the divorce after being married for over twenty years?

 

  • I lost my Base and Exchange priveledges as well as Tricare coverage after I got remarried, but I just got divorced again. Can I get those privileges back?

 

  • How long do I have to sign up for continued health care benefits?

 

  • I let my continued health care benefits laps. Can I enroll again?

 

  • My child is still covered under TRICARE after our divorce, how can I take my child to a doctor on base if I do not have Base and Exchange Priveledges?

 

Servicemembers Civil Relief Act

 

 

  • I am stationed in Afghanistan and was told by my parents that I was sent child support papers through the mail and a court date is set for next week, what should I do?

 

  • How long can my service member spouse delay our divorce by claiming rights under the Servicemembers Civil Relief Act?

 

  • My spouse is on active duty, is stationed overseas and is refusing to accept the divorce papers.  What can I do?

 

  • I just found out that a court modified my child support without my knowledge and while I was overseas on active duty. What should I do?

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