Dividing Military Retirement Benefits in a Divorce
Divorce is a difficult phase to go through. It may inflict depression, anxiety and undue pressure on the person going through it. Going through divorce process requires legal guidance. Hence, it’s wise to be equipped with one of the top divorce lawyers so as to be ready for any situation. The divorce lawyer will be able to guide you and ensure that you are fairly dealt with.
Divorce is a process that requires equal distribution of marital assets, properties and investments. However, if your spouse is serving in the military, the division of military pension is different from that of civilian pension. The military reserves its own rights and rules regarding the retirement pay and division in concern to divorce. It is better to get in touch with one of the great divorce lawyers that you can afford and who is familiar with military law to guide you properly. There are things that need to be taken into consideration while going for the divorce and an able divorce attorney will be able to take care of all details and requirements. Since the pension is an asset, states can divide it just like they do any other marital assets so long as the court has jurisdiction over the service member. The court has the right to divide the military retirement benefits regardless of the duration that the marriage lasted. However, some divorce lawyers believe that the benefits can be divided only if the marriage has lasted at least for 10 years.
According to Uniformed Services Former Spouse’ Protection Act, (USFPA) 1982 state courts are allowed to divide military benefits upon divorce, annulment of marriage and will pay directly the former spouse’s share if the marital union at least lasted a good 10 years.
However, there have been periodic efforts to modify the existing rule so that Defense Finance and Accounting Service (DFAS) can pay the ex partner a court ordered share of the total military retirement benefits regardless of the time spent together as man and wife.
Laws may differ from state to state but USFPA allows for states to treat the military benefit as any other marital property. All these could be very confusing for the couple going for divorce. It’s better to hire the services of an experienced divorce attorney who will make the strategies and protect your legal rights. Having a good lawyer by your side also keeps you away from undue stress and helps you understand your situation better. This will help you decide your future and move ahead in life with dignity.
Processing your request, Please wait....
