Military divorce cases involve complex rules for dividing assets, particularly military pensions. You need to understand how the divorce process handles these pensions. Different federal laws complicate knowing your rights. Here’s a breakdown of military retirement rights during divorce.
The basics of military pensions
Military retirement pay counts as a marital asset in divorce, just like any other pension. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to divide military retirement pay during divorce. You might be entitled to a portion of the service member’s pension, depending on the length of your marriage and how long the service member served.
The 10/10 rule explained
To qualify for direct payments from the Defense Finance and Accounting Service (DFAS), the marriage must last at least 10 years, and the service member must serve at least 10 years of active duty. This rule determines whether you can receive direct payments from the military pension, bypassing the service member.
Military pensions and state laws
Federal law governs military pensions, but state laws in Tennessee and Kentucky affect how the pension divides. In Tennessee, the state follows an equitable distribution model, which means the court divides marital property based on fairness rather than equality. Kentucky also uses equitable distribution, but courts consider factors such as the length of the marriage and the financial situation of both spouses. These state laws influence how the military pension divides, potentially leading to different outcomes depending on where the divorce occurs.
Protecting your military pension in divorce
If you’re the service member, you must understand laws that protect your military pension. You can reduce the portion your ex-spouse receives through negotiation or in court, depending on your state’s laws. A strong financial plan can protect your retirement future.
Military retirement pay is a major asset in divorce cases. Understanding the rules and your rights ensures a fair division of property. Make sure you understand all the legal options during the process.
