Division of Military Retirement Benefits
Under the federal Uniformed Services Former Spouses' Protection Act (USFSPA), states are allowed to divide military retirement benefits as marital property. However, dividing a military pension is not a simple task. It involves a complicated formula that takes into account the length of military service and the length of the marriage.
If you are involved in a military divorce, division of your retirement benefits is only one of the many unique factors you must consider. At the law firm of Anthony C. Starks, Attorney at Law, I know the challenges you face and can help you understand your rights and options. For more than 25 years, I have provided effective legal support to service members and their spouses throughout California and around the world. Click here to email Tony today.
Uniform Services Former Spouses' Protection Act
Under the USFSPA, a nonmilitary spouse may receive up to 50 percent of the military spouse's retirement pay. However, the numbers are not so cut-and-dried unless the military spouse joined the service after marriage. In most cases, the court will divide the number of years that the military spouse was in the service by the number of years the divorcing spouses were married to determine the percentage of the military benefits that are "community property."
For example, if an individual was in the service for 30 years and married for 15, one-half of the military pension would be considered "community property" and divisible with all other community assets.
A military pension, however, is not like a private company's retirement plan. It is not a specific amount of money that can be divided at any point in time. Rather, a service member will receive monthly payments upon retirement. In most cases, if a spouse is entitled to a portion of that retirement pay, he or she will also receive monthly payments reflecting the percentage ordered by the court during divorce.
Contact a San Diego Military Divorce Attorney
To learn more about division of retirement pay in a military divorce, contact me today. No matter where you are in the world, I can help you resolve your legal concerns. Our San Diego Military divorce attorneys have helped clients all over the world including: Hawaii, Japan, Afghanistan, Iraq, Germany, Sicily, and Iran; no matter where you are, we can help you with your military divorce issues. Click here to email Tony about your overseas divorce today.