Military Divorce and ID Cards

A military divorce can differ from standard family law cases when it comes to domicile or residence requirements for filing, obtaining service upon an active duty spouse, compliance with military rules and regulations, and the the division of the military pension, which is often the community's largest asset. A firm understanding of these issues and others are necessary to successfully resolve your family law action.

One misconception that sometimes gets servicemembers in trouble concerns military ID cards. Some servicemembers mistakenly think that because regulations require them to submit an application for family member ID cards, and because they are listed as the "sponsor," that they can "confiscate" their spouse's ID card any time they choose. Not true. Family member ID cards (and the privilege granted by such cards) are an entitlement, granted by congressional law (not the sponsor). In other words, it's Congress who gets to decide who can and cannot have an ID card, not the military "sponsor." A military member who unlawfully takes an military identification card away from his/her spouse can be charged for Larceny under the provisions of Article 121 of the Uniform Code of Military Justice (UCMJ). All of the services use the same "joint" regulation, which governs the issuance of military identification cards. If the military member refuses to sign the application for an ID for a military dependent, the regulation contains provisions where the Personnel Office may indicate such on the application form, and issue the ID card anyway.

In most cases, the nonmilitary spouse will lose his/her ID card (and privilege) once the divorce is final, with two exceptions:

• "20/20/20" former spouse. Full benefits (medical, commissary, base exchange, theater, etc.) are extended to an unremarried former spouse when:
  1. the parties had been married for at least 20 years;
  2. the member performed at least 20 years of service creditable for retired pay; and
  3. there was at least a 20 year overlap of the marriage and the military service.

  (Note: If the former spouse is covered by an employer-sponsored health care plan, medical care is not authorized. However, if coverage is terminated, military medical care benefits may be reinstated upon application by the former spouse.

• "20/20/15" former spouse. The 20/20/15 former spouse qualifies for medical benefits (no commissary, bx, etc.) for one year from the date of the divorce, dissolution or annulment, when:
  1. the parties had been married for at least 20 years;
  2. the member performed at least 20 years of service creditable for retired pay; and
  3. there was at least a 15 year overlap of the marriage and the military service

  (Note: If the former spouse is covered by an employer-sponsored health care plan, medical care is not authorized.)

If you are facing divorce, child support or child custody issues anywhere in the Phoenix area, you need an experienced Phoenix divorce lawyer on your side. So contact us right away for a free consultation.