When a military member serves the United States for 20 years or longer, they are entitled to a pension once they retire. The pension comes in the form of monthly checks acting as retirement funds and is generally calculated based on the individual’s pay while in the military and when they enlisted. During a divorce, many issues have to be settled and the process is often complicated. It can become even more complex when one of the spouses is in the military. Both spouses should understand how military pensions can be divided during a divorce to ensure that the rights of both parties are protected. Reach out to a Farmington Hills divorce lawyer to learn more about the ins and outs of a military divorce.
Do Military Pensions Get Divided in a Divorce?
According to the USFSPA (Uniformed Services Former Spouses Protection Act), military pensions can be considered divisible property. Under this federal law, state courts have the ability to treat military pensions as a marital asset, making them subject to equitable distribution. Therefore, both spouses have a claim over the pension.
Like any joint asset, the court will calculate how much of it should be designated for each spouse. Under federal law, a divorced spouse of a military member is only allowed up to 50% of the pension, though the amount may be lower depending on the division of property.
How Long Do I Have to Be Married to Be Entitled to My Ex’s Pension?
The length of the marriage has no bearing on whether or not a spouse is entitled to receive a portion of their spouse’s pension check. There is no minimum amount of time that the marriage had to have lasted and you may be awarded some of your spouse’s retirement pay even if the relationship did not last one year.
What is the 10/10 Rule?
While you can be awarded a portion of the pension regardless of how long you were married, the length of the marriage does impact how you will receive the money. The 10/10 rule applies only to a spouse who was married to a servicemember for at least 10 years of their service. This means that 10 years of the marriage must have overlapped with 10 years of the individual’s career in the military.
If the 10/10 rule applies, you will receive your portion of the pension directly from the government. It will be issued by the DFAS (Defense Financial Accounting Service). However, if the marriage did not last 10 years or if your spouse was not in the military for the 10 years that you were married, you will receive your pension money through your ex. They will receive the money from the government and must distribute your share to you.
If you are getting divorced and your spouse is in the military, you may be entitled to a portion of their retirement benefits. Work with a skillful attorney to learn more about your rights during the process.