Military Spouse Dependent Identification Card & Divorce

Confiscating the Military Spouse ID Card in a Divorce

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Sometimes as emotions rise in a pending military divorce, a service member might threaten to confiscate, destroy, revoke, or fail to renew the military spouse DEERS ID card.

Some service members think because they sign as the sponsor on the DD Form 1172 Application for Uniformed Services Identification Card DEERS Enrollment, this means they have the right to take the ID card away in order to suspend benefits.

This is not true.

The U.S. government DOD Directive 1000.22 provides the rules for issuing the military spouse dependent ID card providing benefits such as commissary, military exchange, healthcare, etc. Should a service member refuse to sign the DD 1172 form, the personnel office can indicate so on the form and issue the ID card anyway.

Military Spouse Benefits while Separated

The military spouse retains the DEERS ID card and all benefits while divorce is pending. Because of this, couples might consider delaying or even choose not to divorce.

Consider a military divorce legal separation in Colorado:

If the couple obtains a decree of legal separation (which Colorado offers), that time of legal separation counts as marriage for purposes of these rules. So if the former spouse is close to achieving 20/20/20 or 20/20/15 status, it may be worth having a period of legal separation before the dissolution itself. Consult with a family law attorney, knowledgeable in military issues, for specific advice about your situation.

Eligibility is under the former spouse’s own SSN, not the servicemember’s SSN, so the former spouse should contact DEERS to advise of the dissolution, and arrange for the change in “sponsor.” See source

Military Divorce Tips discusses reasons to either delay or avoid a divorce and the requirements of the 20/20/20 and 20/20/15 rules concerning ID cards.

Who Can Confiscate Your Military Spouse ID Card?

While the service member cannot confiscate a spouse’s DEERS card, that does not mean that it can never be revoked.

Here are some examples where a military spouse ID card might be taken away:

By Court order upon a finalized divorce
It is expired: Submit an expired ID upon entering a base or for a medical visit and you run the risk of it being confiscated. Submit the DD 1172 for renewal in a timely manner.
Condition: For example, if the lamination is peeling apart

Military Spouses should remember:

You do not have to surrender your ID just because you are served with divorce papers.

Help for Military Dependents

You might be interested in these books on being a military dependent:

32 Comments

Kalpana October 26, 2020 Reply

Hi am kalyani, my husband already divorced a girl a two year ago. Am just married 5 months ago.. Still he did not changed her ex wife name in dependent card. He refyse to change my name .. Please i need an advice to be above concerned mater. What are all the procedure to changed his ex wife name name..
Vicki September 5, 2019 Reply

I’m a military wife and I’ve been separated from my husband over 20yrs. I’ve tried several times over the years to get a copy of divorce documents that he said he filled, but no luck on my part even with a attorney. I’ve contacted the Houston office for divorce record and they only shows our marriage certificate and tells me I’m still married.
So, I want to know if I’m still married how to get military benefits and claim all I can?

Kristina January 21, 2020 Reply

Hi Vicki,
I was very excited to come across your comment here. My name is, Kristina and I am finishing my Master’s degree capstone at Harvard University. My project pertains to EXACTLY what you’ve described here: former military spouses being denied access (to a myriad of things, including documents). I am seeking change for us. I am a Marine wife of 23 years and was a Family Readiness Officer in Marine units for 6 years during the war. After retirement, my husband disappeared (by his own choice) leaving me to my own devices, no ID card, no access, nothing. Hence, my capstone topic. I am building a coalition of former spouses who have experienced situations similar to yours and mine. Would you be interested in connecting?

Laketa Hillman July 25, 2019 Reply

I am divorced from a retired serviceman. We have minor children together. I did not meet the 20/20/20 rule. Is there a “shopper’s card” that I can still use for access to the commissary and PX because I have minors?