Thomas V. Mike Miller, Jr., P.A.

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Clinton: 301-856-3030

Dunkirk: 301-855-3100

Clinton: 301-856-3030

Dunkirk: 301-855-3100

Thomas V. Mike Miller, Jr., P.A. is here for you during this difficult time by continuing to remain open and fully functioning. Whether you’re having a personal injury, workers comp, family law, protective order, criminal law or traffic defense related issue, our attorneys are available by appointment, phone or video consultations to meet your needs. To schedule a consultation, please call our office at 301-856-3030 or contact us through our website and we will respond promptly.

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How do your military benefits affect your former spouse?

On Behalf of | Mar 11, 2021 | Family Law |

Due to the vast benefits that military personnel can obtain for their family, it can be tricky at first to determine what benefits your former spouse will receive after your divorce is processed. Benefits like health care coverage, retired pay and commissary are just some of the many that may be on your mind. Take a look at how the Uniformed Services Former Spouse Protection Act affects Maryland military members and their former spouses.

No automatic retired pay

While retired pay may be one of the biggest benefits that you’re worried about in regards to your divorce, it’s important to note that the USFSPA doesn’t automatically entitle your ex to a portion of your retired military pay. Rather, they may be awarded a portion of your retired pay if the judge decides so in the final divorce order.

A look at other military benefits

Under the USFSPA, your former spouse may be eligible for some of your other military benefits in certain cases. A 20-20-20 former spouse is entitled to full health care benefits, commissary and other benefits. A 20-20-20 spouse describes a person who meets three specific qualifications: The first is that the spouse was married to a military service member for at least 20 years. The service member must have been serving for at least 20 credible years, and the 20 years that they were married must overlap with at least 20 years of service.

Since there are many different areas that the USFSPA covers, it’s a good idea to speak to an attorney about understanding the law. Just because you’re getting a divorce doesn’t mean that everything will be split equitably down the middle. An attorney may help you navigate the entire divorce process.


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