If you are a military member, you know that a divorce filing can be devastating. What you may not be aware of is that a divorce can affect your military pension. You may be curious about what rules apply to your military pension and how much you may have to give up. Keep reading for an account of what you need to know.
What rules apply to my military pension?
The Uniformed Services Former Spouses' Protection Act (USFSPA) allows a portion of a pension to go to an ex-spouse as a part of a state court's divorce order. The act does not automatically entitle an ex-spouse to the military pension but instead designates it as dividable income during a divorce case.
If a divorce order splits a military pension, either the military member or the Defense Finance and Accounting Service (DFAS) will be responsible for paying it. The DFAS uses a list of criteria, known as the 10/10 rule, to determine who pays the pension. If the pension does not qualify for the 10/10 rule, the military member is responsible for paying it.
The 10/10 rule criteria are:
How much of my pension will my ex-spouse receive?
You may wonder how much of your military pension will go to your ex-spouse in a divorce. The USFSPA does not specify how much of a pension will go to a divorcing spouse but instead relies on the state courts to decide.
For example, the formula used by California does not take into account disability pay but focuses on the length of military services and the overlapping marriage. Most state laws are different and it is important to consult with an attorney for clarification. One important rule across all states is that an ex-spouse can only receive up to 50% of a military pension, except in a few specific circumstances.
A military pension can be a large amount of income and losing a portion of it can affect your quality of life. A knowledgeable military divorce attorney can explain what state and federal laws apply to your case and if your pension is at stake. Time is a factor in divorce proceedings, so speaking with an attorney earlier can help you secure your future.
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