Video Transcription
Speaker: Stephanie Brinkley
Why do military divorces deserve such special attention? Hi, my name is Stephanie Brinkley of Brinkley Law Firm in Charleston, South Carolina. And today, we're going to talk about the unique aspects of military divorce. Military service members and their spouses receive benefits that have tremendous value. They are assets in a divorce evaluation. So, let's talk about the top three benefits. The first benefit to be analyzed is the survivor group life insurance. This is a policy that provides coverage for a spouse in the case of a military member who passes away during service.
This is an important benefit, but did you know that federal law can stop a state court from allowing a member of the military to list an ex-spouse as the beneficiary? Why is this so important? First of all, if that military member was paying child support, child support is gone. Also, if they were required to pay alimony, no more alimony payments to the ex-spouse. And then third, if that military member was required to pay off marital debt, if they pass away, the creditor is going to go after the ex-spouse for the remaining payments. This can be financially crippling to an ex-spouse of a military member.
The second benefit to analyze is the survivor benefit plan. A military member can designate their spouse to receive up to 55% of their retirement pay upon their death. However, did you know that across the country family courts are split as to whether a service member can designate an ex-spouse as a beneficiary, much like the life insurance policy? Why is this so important? In South Carolina, it's different. In South Carolina, the retirement pay is considered an asset to be divided during the divorce. So unless you have a family law attorney who is experienced and has knowledge about the division process, you could lose out on this tremendous benefit. Additionally, the Department of Defense has very technical rules and deadlines to make sure that the spouse qualifies for these benefits after the divorce decree is entered by the court. And if you don't have an attorney who's familiar with these deadlines and technicalities, you could miss out.
Finally, health insurance is a huge benefit to analyze. Unless a military spouse qualifies for TRICARE for life, divorce automatically terminates their coverage, right? Wrong. There are options. The first option is Transitional Assistance Management Program (TAMP), which provides up to 180 days in coverage. After TAMP, you may qualify for TRICARE Young Adults, which can also provide additional coverage. And then beyond that, there's the continued health care benefit program, which can provide 18 to 36 months of additional health care coverage. This benefit, it has tremendous value. And only if you work with a family law attorney who is knowledgeable in military law will you have an understanding of whether you qualify and how to qualify,
If you're a military member or spouse, and you're considering divorce, please do not overlook these special benefits. Call our office, schedule a consultation, or you can even go online to our website and make the request for a consultation. For your patriotic duty and your personal sacrifices, you deserve nothing less than the best. And that's exactly what you'll get at our office.
