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How Changes To Military Pensions Could Impact Your Divorce

If you or your spouse is in uniform and you are divorcing, there are recent dramatic changes to the military retirement system and the laws regarding it that are important to note. The attorneys at Reinstein, Glackin & Herriott, LLC can help you understand the changes.

To control the exploding costs of the program, the federal government recently developed a new plan that is mandatory for service members who enter after Jan. 1, 2018. Some of the changes create new complexities for military members and their spouses when they divorce.

Changes include:

  • How military retirement is calculated
  • How much of a military pension a former spouse can receive from a former military spouse.
  • The survivor benefit plan annuity can now be paid directly to a special needs trust to provide for a child who is disabled.

What You Need To Know

In 2016, changes to the Uniformed Services Former Spouse Protection Act became law.

  • The change uses rank and years of service at the time of divorce to calculate the spousal share of retired pay.
  • Previously, it was calculated at the date of retirement. Former spouses received the benefit of increased rank and years of service following divorce.

Understanding Divorce In The Military

A recent U.S. Supreme Court ruling offers some perspective on the intricate issues that can arise in a military divorce versus a civilian divorce. The decision means spouses’ divorce pension payments could be cut if the veteran is eligible and takes disability pay rather than retirement pay.

Our Attorneys Are Consistently Ranked Among The Top Lawyers in Maryland

When it comes to the complexities of military divorce, other lawyers have called on our attorney Maureen Glackin to testify as an expert and assist as a consultant.

Protect your rights as you divorce with our knowledge on your side. Call our offices in Annapolis or Rockville, Maryland, at 301-850-7349 or send an email.