Military Divorce and Pension

Military Divorce

Of the many complicated issues that present themselves in a military divorce, pension issues are among the most complicated. The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) allows, but does not require, states to divide military pension pay between spouses at the time of a divorce. Currently, most states allow the division of military pension funds but they have different rules for doing so.

Common Issues with Pensions in a Military Divorce

Only the percentage of the pension that was earned during the couple’s marriage is divisible at the time of divorce. Generally, state courts consider the following issues when deciding whether or not a spouse is entitled to a percentage of a military pension:

How long the couple was married;
How long the serviceperson was employed by the military;
The number of years that the couple was married while the spouse was serving in the military; and
How property is typically divided in the state at the time of divorce (i.e. pursuant to an equitable distribution or community property distribution system).

How a Military Divorce Lawyer Can Protect Your Military Divorce Pension

The division of a military divorce pension is a unique aspect of military divorce. Civilian divorces have different rules for the division of civilian pensions. Therefore, it is important to be represented by a military divorce lawyer who understands the rules applicable to the division of military pensions in your jurisdiction.

Remember, military pensions can be several thousand dollars a month for several decades and your rights to a percentage of that pension money can have a huge impact on your future. The expertise provided by an experienced military divorce attorney may help you receive your rightful percentage of your ex-spouse’s military pension.

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