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Can you Keep your Military ID After Divorcing a Military Spouse?

There are a lot of benefits to being a military spouse, but when things get difficult these benefits may not outweigh the hardship of the relationship. Still, many civilian military spouses are concerned about whether or not they get to keep their military ID and benefits if they are no longer married to a man or woman in service.

Military ID cards grant spouses a lot of privileges that they will lose if the card is confiscated. Many militia members naturally assume that at divorce their spouse will have to return the family member ID cards. In most cases, a military member will be listed as the “sponsor” on these family ID cards. This makes them believe that they are in charge of how the cards are used and gives them the right to withhold the cards if they choose to do so.

Yet the fact is that family member ID cards are a privilege that is given by congressional law and Congress decides who can and cannot have a card. A military member who withholds identification cards from his or her spouse because of a divorce can be charged with larceny. This is outlined in Article 121 of the Uniform Code of Military Justice. With such serious punishments in place, the military members are wise to allow their spouses to keep their ID cards. In the future, Congress may choose to revoke an ID card from a divorced spouse. Until then, the sponsor must be complacent with allowing the card to stay in an ex-spouse’s possession.

If you have more questions about military ID cards and divorce, then you need to talk to a military divorce attorney at Cutter & Lax for advice. These lawyers are aware of the many statutes that govern military divorce and can help you to understand the implications that your separation will have upon your military ID card.

Categories: Military Benefits


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