Military Health Benefits Can Be Classified as Marital Property


Alaska Supreme Court Rules That Post-Retirement Military Health Benefits Can Be Classified as Marital Property

When soldiers who have served in the military decide to retire, they have health benefits available to them that they can use for their health care.  This coverage can extend to both the soldier and to his or her spouse.  While this seems to be a relatively straightforward notion, the situation can become complicated if the military serviceman or servicewoman decides to obtain a divorce.

Specifically, the Former Spouses’ Protection Act deals with retirement health benefits for military personnel, and a recent case in Alaska led to a ruling that these assets should be valued as marital assets when it came time to divide the marital estate.  The case dealt with a military serviceman who retired and then sought a divorce.  The former husband disputed this ruling and it wound up in the state’s highest court as a result.

The Alaska Supreme Court ruled that the trial court was correct in ruling that this health benefit asset could be classified as a marital asset and therefore be subject to division, although the case was remanded to the lower court because the high court did not agree with the value that was assigned to that health benefit.  That value had been set at more than $125,000.  Basically, Alaska has ruled that judges have discretion on ruling on whether or not this type of an asset is part of the marital estate.

San Diego Military Divorce Lawyers

When military personnel decide that it’s time to pursue a divorce, the situation is governed by several different federal laws, many of which are ruled upon and applied by state court judges.  This can lead to complicated situations and difficult decisions for many to accept, and that’s only one of many reasons for those in this position to seek the appropriate type of help.

If you are in the military and you’re considering the possibility of a divorce, you need to seek the help of San Diego military divorce lawyers who have been fighting for the rights of those who have served our country for many years.  Contact the Men’s Legal Center today to schedule an initial consultation.

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