Collaborative Alternatives to Traditional Litigated Divorce

For more information on collaborative divorce, visit the following web sites: www.landislawoffice.com; www.collaborativepractice.com; www.cscdg.com

What benefits can nonmilitary spouses of military service members keep during separation?

In Colorado divorces (called “dissolution of marriage” proceedings here ), the former spouse of a military servicemember has a right to receive military benefits so long as he or she meets certain criteria. As the benefits are statutory entitlements, they are automatic and not subject to negotiation or deviation by a divorce court in Colorado or other states.

Children and stepchildren of servicemembers retain full military benefits while unmarried and under 22.

 The benefits available during the separation period, (after divorce petition is filed and before a final decree is issued) the non military spouse retains full military privileges, including ID card, medical, military exchange, commissary, etc. Though the servicemember can terminate the civilian spouse’s ability to cash checks on post by going to the PX/BX, he/she cannot confiscate the spouse’s ID card, or otherwise suspend the spouse’s military privileges.

In Colorado a non military  or “civilian” spouse with a decree of legal separation in Colorado is still able to retain military benefits.  This can be of great help where the civilian spouse finds it difficult or impossible to obtain medical insurance.  So, parties who do not intend on remarrying may wish to consider this option.  A divorced civilian spouse may argue the expense of obtaining insurance as grounds for asking for increased spousal maintenance (also called “alimony” in other jurisdictions.

Military housing is generally only authorized to servicemembers residing with their families, so typically an installation will give a civilian spouse a reasonable time after separation to vacate on-post housing