What Happens To A Military Pension In A Divorce?
Members of the military who serve at least 20 years of active service receive a retirement pension. In the event of a divorce, military pensions can be considered marital property to be divided. Due to the complex nature of military retirement plans and the laws that regulate them, it is necessary for individuals in this situation to seek the advice of a lawyer experienced in military divorce.
Threshold Requirements For Division Of Military Pensions
- 10/10 rule: The former spouse must have been married to the active-duty service member for 10 years during 10 years of his/her creditable military service in order to be qualified for direct pay.
- Jurisdiction under the Uniformed Services Former Spouse Protection Act: Retirement will not be paid out to a former spouse unless certain requirements have been met.
What You Need To Know About Military Pension Benefits
Many options exist for military members when it comes to the payout of retirement benefits and how it correlates to disability benefits. Reinstein, Glackin & Herriott, LLC, is a Bowie, Maryland, law firm with attorneys highly experienced in military divorce. Mediation or negotiations should address all of the possibilities and the impact on the settlement when drafting pension orders.
Protecting Your Rights In A Complicated Divorce
Divorces involving members of the military are complex and require special knowledge and experience. Our attorneys not only have decades of experience in this area, but are among the top-ranked attorneys and frequently consult and testify as experts in military divorce law.