A military divorce is bound by several legal processes that make it different from the standard divorce. If you want to divorce a military husband or wife, you have to file the separation in the state that you have a legal residence. It would help if you had a clear understanding of the federal law of military pensions before initiating the divorce process.
According to Statesidelegal, the court may not divide the military pension in a divorce if you file the divorce in a different state from that of the military member. Different states deal with military retirement in different ways. Therefore, you need to have a bit of knowledge on how the state you file your divorce will handle the case and military pensions.
When you serve your divorce papers to your spouse serving in the military, you should expect a response within a set number of days. Then, the court may schedule the next events, such a hearing or mediation. However, when your spouse is active in duty, they may request a stay of divorce through the Servicemembers Civil Relief Act.
The delay helps to prevent the divorce proceedings from interfering with their military duties. After getting a successful divorce, you may get free healthcare coverage under TRICARE. However, you have to attain the 20/20/20 rule. You need to have been in a relationship with your military spouse for at least 20 years when they were active in service.
You may get lifetime coverage only when your divorced spouse fails to remarry. Once they get into a new relationship, you will lose the TRICARE coverage permanently.