Whether as military personnel or perhaps a military spouse, the divorce process is the same as any other divorce. The difference, however, depends on the circumstances surrounding the divorce.

Our men and women who serve in the military face tons of hardship that sometimes strain their marriages, such as long deployments away from home. Many relationships cannot survive this, leading to a high divorce rate in the military.

How divorce affects your military pension

For military personnel, their retirement benefits kick in after 20 years of service and can be collected throughout their entire lives. However, in 1982, the government passed the Uniformed Services Former Spouses Protection Act (USFSPA). This act allows military retirement pay as communal marital property.

Note that the USFSPA doesn’t guarantee that your former spouse has a portion of your retirement fund. After numerous considerations, it has to be awarded as part of the division of property in the court’s final order.

For instance, if you were married for ten years or more, overlapping with ten years of service, your ex might be entitled to half of your retirement. The final amount is always open to negotiation and subject to numerous conditions.

When you divorce a military member

If you’re married to someone in the armed forces and want a portion of their pension, you must bring that up before your divorce is finalized. Failure to do so makes it impossible to divide the retirement benefits.

Even if the retirement seems like decades away, you must address it ahead of time. Since you can’t receive the benefits until divorce, it will be conveyed as a hypothetical award. What confuses most people going through a military divorce is the 10/10 rule.

The 10/10 rule establishes where the payment originates. For instance, if you were married for ten years and ten of those years accounted for the military retirement benefits, you’ll be getting checks from the Defense Finance and Accounting Service.

Your best shot

If you’re going through a military divorce and want to protect your interest, the best you can do is work with an experienced professional. You need to work with an attorney versed in a military divorce with a track record to show for it.

Your attorney will ensure you get the best possible outcome to move on with your life without hassles. We have been doing this for decades, and our clients testify to our exceptional service. Feel free to get in touch by calling or filling out our contact form to book an appointment.