Military retirement and divorce

In order for the military to provide direct retirement payments to an ex-spouse , the couple must have been married years overlapping with years of service. Many states even exempt a minimum residency for military divorce actions. Though by now military retirement is universally divided in divorce cases, states only gradually authorized its division in the several years after the enactment of USFSPA.

The Uniformed Services Former Spouse Protection Act is a federal law that provides certain benefits to former spouses of military members. The USFSPA simply allows a state divorce court to treat military retirement pay as property of the military member , or joint property, depending on the laws of that particular state (in other words, if the state law allows division of civilian retirement pay for divorce , it will usually also allow division of military retired pay for divorce ).

It applies only to those divorce decrees becoming final after the Act was enacted. Payment Rules and Other Spousal Benefits. The Defense Finance and Accounting Service is the agency responsible for paying military retirement benefits , and it has strict rules for making direct payment of retirement benefits to former spouses.

Attorney mediator Beth G. Reineke has assisted many military couples in the Tampa Bay Area, including active duty, reservists and retired military. She is Certified by the Florida Supreme Court to conduct mediations for both divorce and custody matters. So, when a service member gives up retirement pay in exchange for disability pay, the amount of retirement pay both spouses will receive is reduced.

If the service member gives up retirement pay for disability pay after the divorce , the ex-spouse may be in for a big surprise when he or she finds out how much the retirement pay has been reduced. If this has happened in your case, you should contact an attorney with experience in military divorces to learn about potential remedies. First, it authorizes (but does not require) State courts to divide military retired pay as a marital asset or as community property in a divorce proceeding.

Secon it provides a mechanism for a former spouse to enforce a retired pay as property award by direct payments from the member’s retired pay. Does the divorced spouse of a military member keep getting retirement if they remarry? How are military pensions handled in a divorce?

How does a military divorce differ from a civilian divorce? Can I get military retirement pay after divorce? If the retiree is determined to be eligible for $2of VA compensation, they waive $2of their (taxable) DoD pension in order to receive $2of (untaxed) compensation from the VA.

If you currently serve in the armed forces or are retired from military service, the division of your military pension is often complex concern in your divorce settlement. In military divorces, the division of military pension often becomes a battlefield for couples. Many divorce attorneys mistakenly believe that the division of military retirement only occurs when the couples have been married for years or longer. Military Benefits After Divorce Military spouses determining their military benefits after divorce face a complex process of understanding both civil code and military regulations.

It is best for spouses to familiarize themselves with these matters before getting divorce if possible, and to seek legal counsel for assistance. Life changes such as divorce and remarriage can affect your pension.

The intersection of civilian law and military rules can be confusing, especially when it comes to a Qualified Domestic Relations Order (QDRO). A spouse who has been married less than years or who has less than years of overlap between the marriage and the member’s military service is eligible for months of coverage under a premium-base DOD Continued Health Care Benefit Program. This coverage option terminates on remarriage and cannot be reinstated.

The former spouse was married to the military member for at least years at the time of the divorce , dissolution or annulment. The military member has performed at least years of service that is creditable in determining eligibility for retired pay (the member does not have to be retired from active duty). Virginia Military Retirement Divorce Calculator. If you’re a military man facing the prospect of divorce , our Military Retirement Divorce Calculator will easily estimate the marital share based on a couple of simple numbers.

The original USFSPA did not provide for any particular division of a servicemember’s military retired pay. Since military retired pay is a Federal entitlement, and not a qualified pension plan, there is no requirement that a Qualified Domestic Relations Order (QDRO) be used. As long as the award is set forth in the divorce decree or other pertinent court order in an acceptable manner, that is sufficient.