A civilian spouse that is separated still retains military medical benefits in New Jersey. If a civilian spouse has a medical condition, then it may be feasible and practical to only seek a legal separation instead of getting a full divorce. A permanent legal separation is called a “Divorce from Bed and Board.†A “Divorce from Bed and Board†is a remnant from the past. This type of proceeding is designed for spouses who do not intend to remarry. The main benefit of a “Divorce from Bed and Board†is that it will permit the civilian spouse to retain medical benefits. The civilian spouse will still be permitted to receive her Tricare benefits if there is only a permanent legal separation. I have recently seen a resurgence of “Divorce from Bed and Board†filings. The price of obtaining health insurance has gotten so cost prohibitive, that divorcing couple’s have to resort to having a permanent legal separation to enable both spouses to have adequate health insurance coverage.
The bottom line is that there is only so much money to go around in a military divorce. A servicemember may be able to save significant dollars in spousal support or alimony if a permanent legal separation is pursued instead of a full divorce. If there is a long marriage, most family courts will order a servicemember to contribute to the costs of the civilian spouse to obtain new health insurance. These additional costs may be overwhelming to a servicemember. Therefore, a “Divorce from Bed and Board†deserves a close look by any military couple that is planning to divorce.
Military housing is generally only authorized to servicemembers residing with their families. A military base will typically give a civilian spouse a reasonable time after separation to vacate on-post housing.
28. When is a former military spouse entitled to full Benefits under the “20/20/20″ rule?
Pursuant to 10 U.S. Code 1072, a former spouse of a servicemember is entitled to all military benefits and installation privileges, including medical, commissary, and military exchanges (PX/BX). A former spouse is also entitled to use such other amenities such as bowling alleys, theaters, etc.
The criteria to receive 20/20/20 benefits are as follows:
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