For military members, being legally separated has important implications. Here are a few
important ones to help you navigate this time of your life. Remember that being legally separated means you are still married. To understand the difference between legal seperation and divorce, click here.
Tricare and Healthcare: While legally separated, a spouse can typically remain on the working spouse's healthcare plan. If you are doing a legal separation instead of divorce so that you can maintain health insurance coverage, check the policy language carefully. Some insurance companies include language which will cause coverage to lapse in the event of a legal separation. Be sure you are still covered.
Base access and Benefits: Military dependents maintain their base access and benefits while legally separated. Military member will continue to be able to claim their spouse as a dependent and receive the BAH with dependent rate until a divorce is finalized.
Base housing: If your family lives in base housing and you are now separated from your civilian spouse, they will not be able to remain in base housing without you. If you intend to remain in base housing with your children and your spouse is moving out, make sure to confirm that your benefits do not change based on the change in residents of the home.
UCMJ: Military members must remember that while legally separated they are still married and can be disciplined for adultery if they engaged with relations with someone other than their spouse. Military spouses must remember that if they engage in relations with another military member while legally separated they are causing their new partner to commit a crime.
Time Milestones for benefits post divorce: Under legal separation, the marriage can be extended to hit certain length milestones. The 10-year mark is important for the less-earning spouse to draw on their ex spouse's social security. Ten years also has implications for the garnishing of wages to pay alimony and child support. The 15 and 20-year mark are important for military spouses who wish to maintain some of their benefits upon divorce. Staying married—but legally separated—can also help with certain income tax benefits, including possible increases in deductions.
Debts: While not just specific to military members, it is important to know that even if you and your spouse agree who will pay certain debts in separation, this has no impact on debtors. If your spouse does not pay the mortgage or other bills as agreed, you are still legally liable. Their defaults can impact your credit, your security clearance, and so much more. It is important to have debt reassigned to the other party if possible so you are formally released of responsibility. If you are required to pay a debt that was your spouses responsibility under the agreement, you can sue your spouse for breach of contract.
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